LATIF IBRAHIM MOKHA Vs. STATE OF GUJARAT
LAWS(GJH)-2021-6-179
HIGH COURT OF GUJARAT
Decided on June 11,2021

Latif Ibrahim Mokha Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

A. P. Thaker,J. - (1.)The present petition has been filed under Section 482 of the Criminal Procedure Code and Articles 14, 19, 21, 226 and 227 of the Constitution of India for releasing the vehicle i.e. Honda Activa bearing registration No. GJ-12- DF-9872 and for quashing and setting aside the impugned order dated 24.11.2020 passed by the learned 5th Additional Sessions Judge, Bhuj Kachchh in Criminal Revision Application No.69 of 2020.
(2.)According to the petitioner, the aforesaid vehicle was seized by the police for allegedly using the same in the offences under Sections 295A, 429, 114 of the Indian Penal Code and Sections 5(A), 6(B)(1), 8(2), 8(4) of the Gujarat Animal Preservation Act on the ground that the said vehicle was used for transporting the animals.
2.1 According to the petitioner, he has applied for the interim custody thereof to the concerned Sessions Judge which came to be rejected. It is contended that the vehicle is not required for the purpose of investigation and no useful purpose will be served by keeping the said vehicle in the police station till disposal of the case. It is prayed to set aside the order dated dated 24.11.2020 passed by the learned 5th Additional Sessions Judge, Bhuj Kachchh in Criminal Revision Application No.69 of 2020 and pass necessary order of interim custody of the vehicle in question.

(3.)Heard Mr.Sudhir Khanna, learned advocate for the petitioner and Ms.Nisha Thakore, learned Additional Public Prosecutor for the respondents at length through video conferencing.


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