- (1.)Rule. Learned Assistant Government Pleader waives service of notice of rule for the respondents.
(2.)The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Section 227 of the Constitution of India so also inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 for the release of the muddamal vehicle i.e. Ashok Leyland Dumper bearing Registration No.GJ-03-W-8359.
(3.)The brief facts leading to the filing of the present petition are as under,
3.1 The petitioner is the owner of the muddamal vehicle i.e. Ashok Leyland Dumper bearing Registration No.GJ-03-W-8359 and it is duly registered with the transport department of the Government. However on account of registration of FIR being C.R.No.III-83 of 2019 registered with Virpur Police Station, Dist.: Mahisagar, for the offences under the provision of the Gujarat Prohibition Act, the vehicle of the petitioner was recovered as muddamal.

3.2 Therefore to get the custody of the said vehicle, the petitioner filed an application under Section 451 of the Criminal Procedure Code, however, the learned Principal Civil Judge and Judicial Magistrate, First Class, Virpur rejected the said application vide order dated 04.01.2020.

3.4 Being aggrieved by the aforesaid order rejecting the application filed by the petitioner, the petitioner has filed present petition with a prayer to release the muddamal of vehicle.