SURENDRASINGH JAVARSINGH BAGEL Vs. STATE OF GUJARAT
LAWS(GJH)-2020-9-168
HIGH COURT OF GUJARAT
Decided on September 08,2020

Surendrasingh Javarsingh Bagel Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

VIPUL M.PANCHOLI,J. - (1.)Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State.
(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 for the release of the muddamal vehicle i.e. Auto-Rickshaw bearing Registration No.GJ-18- TMP-2019-32129 (GJ-18-TC-63).
(3.)It is the case of the petitioner that on registration of the FIR being C.R. No.III-272/2019 registered with Chiloda Police Station, Gandhiangar, for the offences under the provision of the Gujarat Prohibition Act, the vehicle of the petitioner has been seized as muddamal in connection with the aforesaid offence, however, the said vehicle is duly registered with the transport department of the Government and in support of it, the relevant documents are placed on record at Page Nos.3 to 7 of the compilation. He further submitted that till date, no one has claimed for the interim custody of the muddamal vehicle and if the interim custody of the said vehicle is handed over to the petitioner, he will abide by the conditions that may be imposed by this Court while handing over the vehicle. He, therefore, urged that this petition may be allowed on suitable conditions.


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