Heard learned advocate for the petitioner and learned APP.
2. Learned advocate for the petitioner submits that the petitioner is a retired army personnel and owns Qualis car bearing registration No.GJ-1-HJ-2713 and has business of hiring car viz. `to rent a car'. Further, a person named Nilesh V. Bhavsar, who was working as driver of the said car made a statement and on that basis, the said car came to be seized for the offence punishable under section 379 of the Indian Penal Code.
Learned advocate for the petitioner further submits that though learned Additional Judicial Magistrate, First Class, Limdi by order dated 11.12.2009 has released muddamal vehicle, but has imposed stringent condition of not to sale, assign, transfer, etc. of the said car, which is harsh and runs counter to the business of the petitioner. It is further submitted that the petitioner is shown as a witness in the charge sheet. It is further submitted that, if the petitioner sell or transfer the vehicle, he would submit necessary details of transaction to the nearest police station and concerned court. It is, therefore, submitted that the above condition be deleted.
3. Heard leaned APP for the respondent - State of Gujarat.
4. In view of the above, and considering the facts that; [i] the petitioner is shown as witness in the charge sheet; [ii] there is no dispute about the ownership of the vehicle in question; and [iii] the petitioner has assured that in case of sale or transfer of the vehicle he would submit necessary details to the nearest police station and concerned court, I am inclined to delete the condition No.[1] of the order dated 11.11.2009 passed by the learned Additional Judicial Magi state, First Class, Limdi, keeping the other conditions as they are.
It is also made clear that in case of sale or transfer of the vehicle in question, the petitioner shall submit necessary details to the nearest police station and concerned court.
With the aforesaid, this petition is allowed.
Order accordingly.
Direct service is permitted.
[Anant S. Dave, J.] *pvv Top