Vipul M. Pancholi,J. - (1.)The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India for the release of the muddamal vehicle i.e. Bajaj Re CNG bearing Registration No.GJ-27-TA-1031.
(2.)It is the case of the petitioner that on registration of the FIR being C.R. No.11191012201307 of 2020 registered with Danilimada Police Station, Ahmedabad City, 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, RC Book is placed on record at Page No.12 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.
(3.)Learned advocate for the petitioner under instruction submits that the vehicle in question is not involved in any other case. Learned advocate for the petitioner has urged that this Court has wide powers, while exercising such powers under Article 226 of the Constitution. It can also take into account the ratio laid down in the case of 'SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT, 2003 AIR(SC) 638', wherein, the Apex Court lamented the scenario of number of vehicles having been kept unattended and becoming junk within the police station premises.