A.P.THAKER,J. - (1.)Heard Mr.Bachani, 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 482 read with Section 451 of the Criminal Procedure Code with a prayer to issue direction for release of muddamal vehicle i.e. Maruti Suzuki Alto Car bearing registration No.GJ-08 AJ-0942, which is seized by police in connection with Prohibition C.R.No.III/574 of 2020 registered with Dhanera Police Station, District-Banaskantha.
(3.)It is averred in the application that the present applicant is the owner of the vehicle in question i.e. Maruti Suzuki Alto Car bearing registration No.GJ-08 AJ-0942, which came to be seized by the police authority. It is also averred by the applicant that the vehicle is lying in open space and its condition will deteriorate as the time passes, and, therefore, considering the provisions of the Prohibition Act and other decisions of this Court, the application may be allowed.