RAMJIBHAI DAYARAMBHAI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against an order of the learned single Judge dated March 26, 1996. By that order the learned single Judge dismissed the petition filed by the appellant-petitioner to release the vehicle - a jeep car bearing No. GJ-8T- 8049 detained by P.S.I., Tharad in exercise of powers under Sec. 207 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').

(2.) It is the case of the appellant that he owned a jeep car bearing above number. It was detained by P.S.I., Tharad on November 5, 1995 on allegation that though the vehicle in question was a delivery van (goods vehicle) and, hence, could not have carried passengers, certain passengers were carried in it. According to the appellant, the action of detention of the vehicle was contrary to law as neither the appellant nor his driver committed any illegality or irregularity. The appellant, therefore, approached the Court of the learned J.M.F.C., Tharad by filing Cri. Misc. Application No. 23 of 1995 for release of the vehicle. The learned J.M.F.C., Tharad by an order dated November 18, 1995 rejected the application on the ground that no case was registered in connection with the vehicle in question and hence he had no jurisdiction to exercise the powers under the Code of Criminal Procedure, 1973 and, hence, said application was not maintainable.

(3.) Being aggrieved by the said order, the appellant approached the Sessions Court, by filing Cri. Revn. Application which also came to be rejected by the learned Sessions Judge by an order dated November 27, 1995. In the circumstances, the appellant approached this Court by filing Special Criminal Application No. 164 of 1996 and a prayer was made to direct the respondent authorities to release the vehicle as the order to detain the vehicle was arbitrary, illegal and unconstitutional. The learned single Judge rejected the said petition against which the appellant has filed the present appeal.