MADANLAL BHANWAR REBARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Articles 226 of the Constitution of India, mainly supervisory jurisdiction so also inherent powers under Section 482 of the Code of Criminal Procedure to quash and set aside the order passed by the learned Additional Sessions Judge, Gandhinagar in Criminal Revision Application No. 65/2020 dated 29.9.2020 confirming the order passed by the learned 2nd Additional Chief Judicial Magistrate, Gandhinagar, and thereby prayed to release the muddamal vehicle Maruti Alto bearing Registration No. RJ-27-CE-5008 in connection with the FIR being III - 11216006200577 registered with Chiloda Police Station, District Gandhinagar for the offences under the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Amiraj R. Barot for the petitioner and learned APP Mr. H.K.Patel on behalf of the Respondent State of Gujarat through video conference.

(3.) It is the case of the petitioner that the petitioner is the owner of muddamal vehicle. It is submitted that by virtue of provisions of Section 98 of the Prohibition Act, there is clear embargo for handing over the custody of the vehicle used in the offence pending the trial and if the vehicle is lying at the Police Station for more time, there will be physical damage to it, therefore interference of this Hon'ble Court is required and therefore, this Court may be pleased to allow this application in the interest of justice.