CHAUHAN VAJUSING DALPATSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction of 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- Maruti Suzuki India Ltd., bearing RTO registration No. GJ-18-BA-6431 in connection with the FIR being CR. No.11195035200264 before the Palanpur Taluka Police Station, for the offences punishable under Sections 65(e), 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Maulik Soni for the petitioner and learned APP Ms. Moxa Thakkar on behalf of the Respondent State of Gujarat through video conference.

(3.) It is the case of the petitioner that he is the owner Maruti Suzuki India Ltd., bearing RTO registration No. GJ-18-BA-6431. It is the case of the petitioner that the learned Court below has rejected release of muddamal application, only because of restriction under Section 98(2) of the Prohibition Act but vehicle lying at the Police Station for more time, otherwise there will be physical damage to it, therefore interference of this Hon'ble Court is required and therefore, this Court may please to allow this application in the interest of justice.