CHAVADA MEHULBHAI RAMAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Today, learned APP for the respondent-State waives service of notice of rule for and on behalf of respondent No.2.1. The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Section 227 of the Constitution of India so also inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to release Muddamal Vehicle i.e Hyundai Motor Car bearing RTO registration No.GJ-01-KH-9953, Chassis No. MALCG41GLBM302773 and Engine No.G4EBBM305742.

(2.) It is the case of the petitioner that petitioner is the owner of the aforesaid vehicle and it is duly registered with the transport department of the Government. He is, therefore, before this Court.

(3.) The case of the prosecution is that while the police personnels were on patrolling, they received a secret information of the vehicle in question carrying liquor and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying liquor without any pass or permit. Therefore, an FIR being III- C.R. No.223 of 2019 came to be lodged with Kalol Taluka Police Station, Dist- Gandhinagar for the offence under the Prohibition Act .