ORDER

1. RULE. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent – State.

2. By way of this petition, the petitioner has prayed to issue a writ, order or direction directing the respondent No.1 to release/handover of custody of seized Muddamal Tata ACE Mega XL BSIV (Chhota Hathi) bearing Registration No. GJ-01-HT-0652 which came to be seized by the Investigating Officer in connection with FIR being CR No. 11216005210850 of 2021 registered with Dehgam Police Station, Dist.

Gandhinagar to the petitioner on appropriate conditions as deemed fit by this High Court.

3. Heard learned Advocates for the respective parties.

4. In support of his arguments, learned advocate for the petitioner has relied upon orders passed by this Court in Special Criminal Application Nos. 2538 of 2014; 2283 of 2016 and 2300 of 2016.

5. This Court had passed the following order in Special Criminal Application No. 2538 2014 which reads as under :-

“16. In such circumstances, I am of the view that the vehicle should be handed over to the finance company and the company should be permitted to sell the vehicle