YUNUSBHAI IBRAHIMBHAI ABADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has filed this revision application under sections 397 and 401 of the Criminal Procedure Code seeking to quash and set aside the order dated 20.07.2020, passed by the learned Judicial Magistrate First Class, Talala rejecting his Muddamal Application and release the muddamal vehicle - Mariti Suzuki, Eeco Car - four wheeler, bearing RTO registration No. GJ- 11-AS-4826 in connection with the FIR being CR. No. 11186007200061 of 2020, registered before the Talala Police Station, Dist. Gir Somnath for the offence punishable under Sections 65(E), 99, 81 and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Y. J. Patel for the applicant and learned APP Ms. Moxa Thakkar on behalf of the Respondent State of Gujarat through video conference.

(3.) It is the case of the applicant that he is the owner of the muddamal car in question. It is further the case of the applicant 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.