- (1.)Rule. Learned Public Prosecutor waives service of notice of rule on behalf of the respondent-State. With the consent of learned advocates on both the sides, the matter is heard today finally.
(2.)This petition has been preferred by the petitioner under Articles 226 and 227 of the Constitution of India essentially seeking the relief to release the muddamal vehicle being Super ACE Mind BSIV of Tata Motors Ltd bearing Registration No.DN-09-R-9840 which has been seized in connection with the FIR No.11824003220659 of 2022 registered with Kakrapar Police Station, District Tapi for the offences punishable under Ss. 65(e), 81, 83 and 98(2) of the the Gujarat Prohibition Act (hereinafter referred to as "the Act"), on suitable terms and conditions.
(3.)Learned advocate for the petitioner submitted that the petitioner is the owner of the vehicle in question and has also been named in the complaint. The copy of the certificate of registration has been produced on record to prove the aspect of ownership.
3.1 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 in instances under Sec. 98(2) of the amended Act. It was, accordingly, urged that this Court may direct release of the muddamal vehicle in exercise of the extra-ordinary jurisdiction under Article 226 of the Constitution of India on suitable terms and conditions.

3.2 The attention of the Court was invited to the judgment of the Apex Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, wherein the Apex Court ordered release of muddamal vehicle seized under the provisions of the Act while lamenting the scenario of a number of vehicles having been kept unattended and becoming scrap within the police station premises or at any other designated places.