KIRANKUMAR KUSHALBHAI VANKAR Vs. STATE OF GUJARAT

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- Toyota Innova Car bearing RTO registration No. GJ-24-A-9525 in connection with the FIR being CR NO.III-15/2018 registered with Visavadar Police Station, District Junagadh for the offence punishable under Sections 65(B)(E), 98 and 99 of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Kishan Prajapati for the petitioner and learned APP Ms. Nisha Thakore 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 the muddamal vehicle and has purchased the Toyota Innova car for his personal purpose. 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.