KETANBHAI JADAVBHAI MOVLIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Jirga Jhaveri, learned APP waives service of notice of rule on behalf of the respondents.

(2.) The present petition is preferred under Article 227 of the Constitution of India for the following substantive reliefs:- 7(A) Your LORDSHIPS may be pleased to issue any appropriate writ, order or direction, and directing the Respondents to releas/handover the muddamal being Hyundai Accent Car Bearing registration No.GJ-11-S-7198 which is seized by the investigating officer in connection with the FIR being C.R. No.11213001200043 of 2020 registered with Virpur Police Station, Rajkot, to the petitioner on appropriate terms and conditions that may be deemed just and proper in the facts and circumstances of the case, and quash and set aside the order which is at annexure C to this petition.

(3.) The facts, in brief, giving rise to the present petition are that the petitioner is the registered owner of Hyundai Accent Car bearing Registration No.GJ-11-S-7198 (hereinafter referred to as the muddamal car ). The muddamal car came to be seized by the respondent No.2 in connection with the FIR being C.R. No.11213001200043 of 2020 registered with Virpur Police Station, Rajkot for offence punishable under sections 307, 427 and 229 of the Indian Penal Code. The petitioner preferred an application under section 51 of the Code of Criminal Procedure for interim custody of the muddamal car which came to be rejected on 24.9.2020 by the learned Judicial Magistrate First Class, Jetpur on the ground that from the muddamal car 58 bottles of IMFL was recovered and, therefore, an offence under Prohibition Act is also registered against the petitioner. The petitioner assailed the order dated 24.9.2020 of the learned Magistrate in the Sessions Court by preferring Criminal Revision Application No.11 of 2020. The learned 10th Additional Sessions Judge, Jetpur, District Rajkot concurred with the reasons recorded by the learned Magistrate and rejected the revision application by order dated 13.10.2020. The petitioner has, therefore, preferred the present petition for release of the muddamal car.