KISHORBHAI MAHESHBHAI DAMOR Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
KISHORBHAI MAHESHBHAI DAMOR
STATE OF GUJARAT
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GITA GOPI,J. -
(1.) Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State. With the
consent of learned advocates on both the sides, the matter is
heard today finally.
(2.) This petition has been preferred under Articles 226 and 227 of the Constitution of India essentially seeking the relief to release the muddamal vehicle bearing registration No. GJ-31-X-
3264, which was seized in connection with the offence punishable under the Gujarat Prohibition Act (hereinafter
referred to as "the Act"), on suitable terms and conditions.
(3.) Learned advocate for the petitioner submitted that the petitioner is the owner of the vehicle in question and has not
been named in the complaint. The copy of the R.C. Book has
been produced on record to prove the aspect of ownership.
3.1 Learned advocate for the petitioner submitted that the muddamal vehicle has been detained by the investigating officer and that if the interim custody of the vehicle is not given, serious prejudice would be caused to the petitioner as the muddamal vehicle would get substantially damaged by the time the trial gets concluded and probably, by that time, the value of the muddamal vehicle may also become 'Nil' as the vehicle is lying under the open sky in different climatic conditions. It was further submitted that this Court has ordered release of muddamal vehicles even in instances under section 98(2) of the amended Act and hence, the Court may consider the case of the petitioner since this may fall under section 99 of the Act. It was, accordingly, urged that this Court may direct release of the muddamal vehicle in exercise of the extra-ordinary jurisdiction under Article 226 of the Constitution of India on suitable terms and conditions.
3.2 Reliance was placed upon several decisions rendered by the coordinate Benches of this Court to submit that even after considering the rigor of section 99 of the Act, this Court has allowed the muddamal vehicles to be released in favour of the petitioner therein.
3.2 The attention of the Court was invited to the judgment of the Apex Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat , AIR 2003 SC 638, wherein the Apex Court ordered release of muddamal vehicle seized under the provisions of the Act while lamenting the scenario of a number of vehicles having been kept unattended and becoming scrap within the police station premises or at any other designated places.;
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