NAGJIBHAI AMBAJI VANZARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP Mr. Hardik Mehta waives service of notice on behalf of the respondent No.1.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for release of the vehicles belonging to the petitioner being JCB Machine bearing registration No.GJ-24-B-9799.

(3.) It is the case of the petitioner that the petitioner is in business of sand leveling and transportation and provides seervices to the nearby villages for piling/leveling of the lands. While petitioner was doing the work on behalf of some of the villagers, the JCB Machine was seized by the Assistant Geologist, Mahesana on 17/7/2022. Thereafter, the petitioner is received notice dtd. 6/8/2022 calling upon petitioner to show cause as to why the penalty should not be recovered/imposed upon him for compounding the offence. Accordingly, the petitioner has replied to the aforesaid show cause notice. However, the grievance of the petitioner at present is that despite the facts that the petitioner's JCB seized on 17/7/2022 as provided under the Act that if within a period of 45 days an FIR is not registered against the petitioner, vehicle is required to be released.