ORDER :

1. With the consent of learned advocates on both the sides, the matter is heard today finally.

2. By way of this petition, the petitioner has prayed to quash and set aside the order dated 19.08.2019 passed by the 2nd Additional Sessions Judge at Dhangadra, Surendranagar in Criminal Revision Application No.10 of 2019 confirming the order dated 22.04.2019 passed by the Judicial Magistrate First Class at Patadi, Surendranagar and also prayed to release the muddamal vehicle bearing registration No.GJ-02-YY-5406, which was seized in connection with the offence punishable under the Gujarat Prohibition Act (hereinafter referred to as “the Act”), on suitable terms and conditions.

3. Learned advocate for the petitioner submitted that the petitioner is the owner of the vehicle in question and has not been named in the complaint. The copy of the R.C. Book has been produced on record to prove the aspect of ownership.

3.1 Learned advocate for the petitioner submitted that the muddamal vehicle has been detained by the investigating officer and that if the interim custody of the vehicle is not given, serious prejudice would be caused to the petitioner as the muddamal vehicle would get substan