Chauhan Chandrapalsinh Yashvantsinh vs State Of Gujarat on 7 August, 2020

[Cites 5, Cited by 1]

Gujarat High Court

Chauhan Chandrapalsinh Yashvantsinh vs State Of Gujarat on 7 August, 2020

Bench: A.J.Desai

          R/SCR.A/3271/2020                                              ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CRIMINAL APPLICATION NO. 3271 of 2020

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               CHAUHAN CHANDRAPALSINH YASHVANTSINH
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR NISARG D SHAH(7299) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS KRINA CALLA, ADDL.PUBLIC PROSECUTOR for the Respondent No. 1
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     CORAM:HONOURABLE MR. JUSTICE A.J.DESAI

                                 Date : 07/08/2020

                                   ORAL ORDER

1. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent - State. With the consent of parties, the matter is taken up for final disposal today itself.

2. By way of the present petition, the petitioner has prayed to direct the respondent to release / handover the seized Car being Maruti Dzire VDI BSIV of Maruti Suzuki India Ltd. bearing registration No.GJ-31-A-3297, Chassis No.MA3FJEB1S00925493, Engine No.D13A2814860 (hereinafter referred to as "vehicle in question") to the petitioner.

3. Learned advocate appearing for the petitioner would submit that in pursuance of the FIR bearing Prohibition C.R. No.III-1662 of 2018 registered with Sardarnagar Police Station, Ahmedabad City for the offences under Sections 66(B), 65(a)(e), 116(B), 81, 98(2) of the Prohibition Act, the vehicle in question came to be seized, which is of the ownership of the petitioner. He, therefore, would submit that the Page 1 of 3 Downloaded on : Sat Aug 08 01:03:20 IST 2020 R/SCR.A/3271/2020 ORDER present petition may be allowed and the vehicle in question may be ordered to be released by imposing suitable conditions.

4. Learned Additional Public Prosecutor has opposed this application by stating that the vehicle in question had been used in the offence and considering the seriousness of the offence, the petition is requested to be rejected.

5. I have heard learned advocates appearing for the respective parties and considered the averments made in the petition and also perused the R.C. Book of the vehicle in question which shows that the petitioner is the owner of the said vehicle. Considering the overall facts and circumstances of the case, I am of the opinion that the petition requires consideration and hence, the same is allowed. The vehicle in question i.e. Car being Maruti Dzire VDI BSIV of Maruti Suzuki India Ltd. bearing registration No.GJ-31-A-3297, Chassis No.MA3FJEB1S00925493, Engine No.D13A2814860 is ordered to be released to the petitioner on the following terms and conditions :-

A) The petitioner shall furnish a Bank Guarantee of Rs.2 Lacs of any Nationalised Bank before the learned Trial Court;

B) The petitioner shall execute a bond, within a period of two weeks from today, for the production of the vehicle so released, if and when required before the learned Trial Court.

C) The petitioner shall not use the vehicle in question in such activities, in future. If it is found that the petitioner has again used the Vehicle in question for any kind of offences, the learned Sessions Judge is permitted to revoke the Bank Guarantee of Rs.2 Lacs that may be submitted by the petitioner.

Page 2 of 3 Downloaded on : Sat Aug 08 01:03:20 IST 2020 R/SCR.A/3271/2020 ORDER D) The petitioner shall keep the vehicle in question in the same condition when it is delivered to him and shall not change the condition of the same;

E) The petitioner shall not sell or transfer or alienate the vehicle in question in any manner till the proceedings is pending;

F) An undertaking to the above effect be filed before the learned Trial Court.

6. If any of the above conditions is breached by the petitioner, the concerned Authority is free to take suitable action in this regard. Rule is made absolute to the above extent. Registry is hereby directed to communicate the present order to the concerned Police Station / trial Court through email / fax forthwith.

(A.J.DESAI, J) F.S. KAZI Page 3 of 3 Downloaded on : Sat Aug 08 01:03:20 IST 2020

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