BHARATSINH PRABHATSINH PARMAR 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 Principal Sessions Judge, Kheda at Nadiad passed in Criminal Revision Application No. 106/2019 dated 4.12.2019 and to release the muddamal vehicle - TATA NEXOn XM 1.5 RTO BS4 bearing Registration No. GJ-07-DB-4737 in connection with the FIR being CR NO. III - 8/2019 registered with Mahudha Police Station, District - Kheda for the offence punishable under Sections 65(E), 67(a), 116(b), 98(2), 99, 81 of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. O.I.Pathan for the petitioner and learned APP Mr. H.K.Patel for the Respondent State of Gujarat through video conference. Factual Matrix of the case:

(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.