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SCR.A/61/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 61 of
2010
=========================================================
LAKHMAN
ALIAS LAKHO NARANBHAI SINDHAV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHOK H TRIVEDI for
Applicant(s) : 1,
MR KP RAWAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 22/01/2010
ORAL
ORDER
The
petitioner is original accused No.1. He seeks release of his vehicle
which is detained pending trial. Vehicle is allegedly involved in
commission of offence punishable under the Bombay Prohibition Act. He
had filed an application before the learned Magistrate for release of
the vehicle. Learned Magistrate dismissed the application by impugned
order dated 16.6.2009. Revision Application filed before the Sessions
Court was also turned down. Hence, the petition.
Having
heard learned advocate for the petitioner and learned APP and having
perused the document on record, I find no case for interference.
Undisputedly, the vehicle was earlier involved in a similar offence.
Same was released on certain conditions. One of the condition was
that it should not be used for any illegal activity. For the same
offence vehicle is intercepted by the police. Court below therefore,
correctly did not grant the custody thereof to the petitioner.
The
petition is therefore dismissed.
(Akil
Kureshi,J.)
(raghu)
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