MOHANLAL DHULCHAND KALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Article 226 of the Constitution of India, mainly supervisory jurisdiction to release the muddamal vehicle- Maruti Swift Dzire ZDI bearing RTO registration No. RJ-27-CE-2858 in connection with the FIR being III- CR No. 274 of 2016 registered with Bakor Police Station, District - Mahisagar for the offence punishable under Sections 66(1), 65(A)(E), 116-B and 81 of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Maulin G. Pandya for the petitioner and learned APP Mr. Manan Mehta 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 vehicle Maruti Swift Dzire ZDI bearing RTO registration No. RJ-27-CE-2858. The Bakor Police Station has seized one vehicle which belongs to the present petitioner. It is also 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.