Gujarat High Court
Pradeepbhai Bhupendrabhai Desai vs State Of Gujarat on 28 May, 2021
Bench: Gita Gopi
R/SCR.A/805/2021 JUDGMENTDATED:28/05/2021
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/SPECIALCRIMINALAPPLICATIONNO. 805 of 2021
FORAPPROVALANDSIGNATURE:
HONOURABLEMS. JUSTICEGITAGOPI
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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PRADEEPBHAIBHUPENDRABHAIDESAI
Versus
STATEOF GUJARAT
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Appearance:
DEVESHK SHAH(9595)for the Applicant(s)No. 1
KAIVANM DASTOOR(9322)for the Applicant(s)No. 1
for the Respondent(s)No. 2,3,4,5,6
MRPRANAV TRIVEDI, ADDL.PUBLICPROSECUTOR(2)for the Respondent(s)No. 1
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI
Date: 28/05/2021
ORALJUDGMENT
1. By way of this petition filed under Article 226 of the Constitution
of India, the petitioner has prayed to direct the respondents to release the
vehicle of the petitioner bearing Registration No. GJ-27-CD-5149 (Two
R/SCR.A/805/2021 JUDGMENTDATED:28/05/2021
Wheeler), which was seized on the ground of alleged traffic violation.
2. It is the case of the petitioner that his two-wheeler bearing
Registration No. GJ-27-CD-5149 (Make - Honda Activa) was seized by a
team of private persons, who were allotted the duty of towing vehicles, on
the ground of some alleged traffic violation. The petitioner preferred an
application before the respondents seeking release of his vehicle.
However, the petitioner was informed that his vehicle had been detained
on the ground of violation of parking rules. Being aggrieved by the action
of the respondents of not releasing his vehicle, the present petition has
been preferred.
3. Heard learned advocates on both the sides and perused the material
on record. It appears from the material on record that the vehicle in
question was, initially, seized on the ground of alleged "traffic violation".
However, subsequently, the petitioner was informed that his vehicle had
been seized on the ground that it was parked in a "No Parking Zone".
From the information received by the petitioner under the RTI Act, it
appears that the vehicle in question had not been parked in any "No
Parking Zone" at the relevant point of time. Further, no penalty or
"Challan" had been issued against the petitioner as regarding the alleged
violation. Under the circumstances, the seizure of the vehicle in question
is unlawful and the vehicle in question deserves to be released.
4. For the foregoing reasons, the petition is allowed. The respondents
are directed to release the vehicle in question bearing Registration No.
GJ-27-CD-5149 (Two Wheeler - Honda Activa) on immediate basis and
without any unnecessary delay, on condition that the petitioner shall file
an Undertaking with the respondents that he shall produce the vehicle as
R/SCR.A/805/2021 JUDGMENTDATED:28/05/2021
and when called for and may appear before the police for recording his
statement. The petition stands disposed of accordingly. Rule is made
absolute to the above extent. Direct service is permitted. Registry to send
a Writ of this order via E-mail / Fax forthwith.
( GITA GOPI, J)
PRAVIN KARUNAN
