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 to release/handover of custody of seized Muddamal vehicle bearing Registration No.GJ-01-CX-7949 which came to be seized by the Investigating Officer in connection with FIR being CR No.III-232 of 2019 registered with Tharad Police Station, Dist: Banaskantha to the petitioner on appropriate conditions as deemed fit by this High Court.

3. The petitioner is a General Insurance Company who had insured the muddamal vehicle. A complaint has been reported for stealing the aforesaid vehicle from the jurisdiction of Sarkhej Police Station, Ahmedabad. The petitioner had paid the claim amount to the insured person. Thereafter, the petitioner and the insured person had made full and final settlement claim and the insured person has made signature on the consent letter cum full and final settlement agreement.

Therefore, the petitioner is before this Court for obtaining possession of the vehicle which wa