ASHOKBHAI RAMJIBHAI LATHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India in which the petitioner has prayed for the following reliefs:

(2.) Heard learned advocate Ms.Shah for the petitioner and learned Assistant Government Pleader Ms.Patel for the respondents.

(3.) Learned advocate for the petitioner submitted that the petitioner is the owner of the vehicle that is Truck bearing registration no.GJ- 15-XX-7888. It is submitted that the said vehicle is seized by the respondent no.4 under Section 207 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short). Learned advocate has referred the seizure memo, copy of which is produced at page 11 of the compilation and the reasons for which the vehicle in question is seized are mentioned in the said seizure memo. It is submitted that the respondent no.4 is not empowered to seize the vehicle under Section 207 of the Act as there is no violation of provisions of Sections 3,4,39 and 66(1) of the Act. It is submitted that from the seizure memo, it is revealed that the petitioner has not violated any of the aforesaid provisions and therefore the respondent no.4 is not empowered to seize the vehicle in question while exercising the powers under Section 207 of the Act. It is, therefore, urged that respondent no.4 be directed to release the vehicle in question forthwith.