AHMEDBHAI ALLARAKHABHAI BHATTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. M.R.Mengdey, learned Additional Public Prosecutor waives service of rule on behalf of the respondent State. With the consent of the learned Advocates appearing on behalf of the respective parties, the matter is taken for final hearing today.

(2.) By way of this petition, under Articles 226 and 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, the petitioner original applicant has prayed for an appropriate order quashing and setting aside the judgment and order dated 04.12.2003 passed by the learned Metropolitan Magistrate, Court No.11, Ahmedabad in rejecting the application of the petitioner for handing over of Muddamal Maruti Car. It is also prayed to to quash and set aside the judgment and order dated 29.12.2003 passed by the learned Additional City Sessions Judge, Court No. 7, Ahmedabad in Criminal Revision Application No. 270 of 2003, in dismissing the said Revision Application confirmed the order passed by the learned trial Court in not handing over the possession of Muddamal Maruti Car bearing Registration No. GJ-12-E-9190.

(3.) It appears from the record that in the complaint being C.R.No. I 9 of 2003 registered with D.C.B., Crime, Ahmedabad, Muddamal Maruti Zen bearing Registration No. GJ.12.E.9190 was seized on 14.07.2003 by the Police Inspector, Crime Branch from the applicant. Thereafter, the petitioner submitted an application under Section 451 of the Criminal Procedure Code for handing over the possession of Muddamal Maruti Zen to him contending inter-alia that he was the bona fide purchaser and that nobody has claimed custody of the said vehicle. The said application came to be rejected by the learned trial Court by order dated 04.12.2003. Being aggrieved and dissatisfied with the order passed by the learned Metropolitan Magistrate, Court No.11, Ahmedabad in rejecting the application under Section 451 of the Criminal Procedure Code, the petitioner preferred Revision Application being No. 270 of 2003 before the learned Additional City Sessions Judge, Ahmedabad. The learned Additional City Sessions Judge, Ahmedabad by vide his judgment dated 29.12.2003 dismissed the said Revision Application. Being aggrieved and dissatisfied with both the orders, the petitioner has preferred the present petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code.