(1.) Heard the learned counsel on either side.
(2.) The petitioner seeks release of the petition mentioned vehicle. The second respondent registered Crime No.143 of 2020 for the offence under Section 379 IPC against the petitioner herein and another person. The petitioner's counsel has enclosed the Transit pass in the typed set of papers. It is valid for the period from 24.08.2020 to 30.08.2020. The vehicle in question was seized on 25.08.2020 at 10.00am, well within the validity period.
(3.) The learned Government Advocate states that even though the criminal case has been registered, the vehicle in question is yet to be produced before the jurisdictional Court. The case is still under investigation. I am of the view that so long as the vehicle has not been produced before the Jurisdictional Court, the Writ Court will always have the power to direct for the release of the vehicle. Further, The petitioner has prima facie produced proof to show that the transportation in this case is not illegal. Therefore, I refrain from imposing any cost to the petitioner.