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2022 Supreme(Online)(Guj) 7978

HIGH COURT OF GUJARAT
BIREN VAISHNAV, J
AMAR KANTILAL PAL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR R.K.MANSURI
For the Respondents: MS DHWANI TRIPATHI, ASST GOVERNMENT PLEADER/PP

Table of Content
1. the petitioner seeks the legal release of a seized vehicle. (Para 1 , 2 , 3)
2. continuance of seizure requires adherence to statutory complaint provisions. (Para 4)
3. the petition is granted, ordering immediate truck release. (Para 5)

ORDER

1. Rule returnable forthwith. Ms. Dhwani Tripathi, learned AGP, waives service of notice of rule on behalf of the respondent – State. With consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

2. By way of this petition under Article 226 of the Constitution of India , the petitioner has prayed for quashing and setting aside the action of the respondent qua seizing of the truck bearing registration No. GJ-03- AT-3316 and to direct the respondent authorities to release aforesaid truck forthwith in the interest of justice.

3. Mr. Mansuri, learned counsel for the petitioner, would rely on an order passed by this Court in Special Civil Application No. 19555 of 2022 which reads as under:

    “7 Heard the learned advocates for the respective parties and also perused the documents as pointed out by them. The issue raised in the writ petition is governed under


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