SURESHBHAI KALSINGBHAI PALAS Vs. STATE OF GUJARAT

JUDGEMENT

(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. Maruti Suzuki Swift Dezire bearing Registration No.GJ-27-C-1935.

(2.) It is the case of the petitioner that on registration of the FIR being C.R. No.11821014200247 of 2020 registered with Dhanpur Police Station, District Dahod, 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.11 and 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 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 v. State of Gujarat', reported in AIR 2003 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.