A.S. Supehia, J. - (1.)Heard the learned advocates for the respective parties through video conferencing.
(2.)By way of the present petition under Article 226 of the Constitution of India, the petitioner has prayed to release / handover the possession of the muddamal vehicle bearing registration No.GJ-04-W-7527 to the petitioner.
(3.)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 Gujarat Prohibition (Amendment) Act and hence, the Court may consider the case of the petitioner since this may fall under section 99 of the Gujarat Prohibition Act, 1949 (for short "the Act"). It was, accordingly, urged that this Court may direct release of the muddamal vehicle in exercise of the extraordinary jurisdiction under Article 226 of the Constitution of India on suitable terms and conditions.