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2021 Supreme(Guj) 959

SANGEETA K.VISHEN
ARJUN BABULAL CHAUHAN – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR A A ZABUAWALA

ORDER :

1. With the consent of the learned advocates for the respective parties, the petition is taken up for final disposal.

2. Issue Rule, returnable forthwith. Mr.Krutik Parikh, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent.

3. By this petition, the petitioner has prayed for direction to the respondent to release the vehicle of the petitioner being Truck bearing Registration No.MP-09-HG-9290 (hereinafter referred to as "the vehicle").

4. The facts of the case are to the effect that the vehicle, is of the ownership of the petitioner. While the vehicle was returning to Dhar and while passing through Ferkuva check post, the vehicle of the petitioner was stopped by the check post police within the jurisdiction of Rangpur Police Station. According to the petitioner, the petitioner was served with a memo and was informed to pay the fine before the Court of learned Judicial Magistrate First Class, Chhotaudepur. The petitioner appeared alongwith the memo signed by the Police Sub Inspector of Rangpur Police Station. The case was registered being CC No.429 of 2019. The petitioner also paid the fine of Rs.2,200/- on 09.04.2019; however, the v

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