LAWS(GJH)-2020-9-527

GURPINDARSINGH GURTARSINGH GILL Vs. STATE OF GUJARAT

Decided On September 17, 2020
GURPINDARSINGH GURTARSINGH GILL Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Articles 226 and 227 of the Constitution of India, mainly supervisory jurisdiction so also inherent powers under Section 482 of the Code of Criminal Procedure to release the muddamal vehicle - TATA UNITECH TRAILOR four wheeler bearing RTO registration No. MH-43-Y-7975 in connection with the FIR being CR. No. III - 602 of 2019 before the Palsana Police Station, at Surat for the offence punishable under Sections 65(E), 81, and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate for the petitioner and learned APP on behalf of the Respondent State of Gujarat through video conference.

(3.) It is the case of the petitioner is the owner of TATA UNITECH TRAILOR four wheeler bearing RTO registration No. MH-43-Y-7975. It is the case of the petitioner that the learned Court below has rejected release of muddamal application, only because of restriction under Section 98(2) of the Prohibition Act but vehicle lying at the Police Station for more time, otherwise there will be physical damage to it, therefore interference of this Hon'ble Court is required and therefore, this Court may please to allow this application in the interest of justice.