SANDIP ACHHUTANAND RAUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India seeking to release the muddamal vehicle - Tata Truck, bearing RTO registration No. GJ-02-Z-7004 in connection with the FIR being Prohibition C. R. No. 124 of 2018, registered before the Unava Police Station, Dist. Mehsana for the offence punishable under Sections 65(A)(E), 116B, 81, 83 and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred a Muddamal Application before the learned Judicial Magistrate First Class, Unjha, Dist.: Mehsana, which came to be rejected vide order dated 09.09.2020.

(2.) Heard learned advocate Mr. F. B. Brahmbhatt for the petitioner and learned APP Mr. Manan Mehta on behalf of the respondent - State through video conference.

(3.) As per the allegations made in the FIR, liquor worth Rs.24,65,400/- was found in the muddamal vehicle. It is the case of the petitioner that he is the owner of the muddamal vehicle in question. It is further the case of the petitioner that the learned Court below has rejected the release of muddamal application, only because of restriction under Section 98(2) of the Prohibition Act and if the muddamal vehicle would lie at the police station for more time, there will be physical damage to it and therefore, interference of this Hon'ble Court is required in the interest of justice.