- (1.)Leave to amend.
(2.)The petitioner has preferred 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 Section482 of the Code of Criminal Procedure, 1973 for the release of the muddamal vehicle i.e. Hero HondaSplendor Motoryccle bearing Registration No.GJ-05-SJ-9316.
(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. Hero Honda Splendor Motoryccle bearing Registration No.GJ-05-SJ-9316 and it is duly registered with with the transport department of the Government. Howeveron account of registration of FIR being C.R. No.III-1754 of 2019 registered with Limbayat Police Station, 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 custodyof the said vehicle, the petitioner filed an application under Section 451 of the Criminal Procedure Code, however,Code, however, the learned Chief Judicial Magistrate First Class, Rajkot, rejected the said application vide order dated 18.07.2020.

3.3 Being aggrieved by the aforesaid order, the petitioner filed an application before the learned Court below being Criminal Revision Application No.49/2020,whichcame to be rejected by thelearned 5th Additional Sessions Judge, Rajkot, an order dated 07.08.2020.

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