JUDGEMENT
A.P.THAKER,J. -
(1.)Heard Mr.M.S. Padaliya, learned advocate for the applicant and Ms.Moxa Thakkar, learned APP for the respondent - State through Video Conferencing. Rule. Learned APP waives service of Rule on behalf of the respondent-State. With the consent of the parties, the matter is taken up for final hearing today.
(2.)The present application has been filed under Articles 226 and 227 of the Constitution of India and under Section 451 of the Criminal Procedure Code with a prayer to issue direction for release of muddamal vehicle i.e. Skoda Car bearing R.T.O Registration No. GJ-01-HN-0144, which is seized by police in connection with Prohibition C.R.No.III-167 of 2019 registered with Kalawad Police Station, DistrictJamnagar.
(3.)It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Skoda Car bearing R.T.O Registration No. GJ-01-HN-0144, which came to be seized by the police authority. It is also averred by the applicant that he is the accused in the offence and is at present enlarged on bail. It is also averred that the vehicle is lying in open space and its condition is likely to deteriorate by passage of time and, therefore, considering the provisions of the Prohibition Act and other decisions of this Court, the application may be allowed.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.