SANJAYBHAI KALUBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Articles 226 of the Constitution of India, mainly supervisory jurisdiction so also inherent powers under Section 482 of the Code of Criminal Procedure to quash and set aside the order passed by the learned District and Sessions Judge, Una in Criminal Revision Application No. 44/2019 dated 20.01.2020 confirming the order passed by the learned Judicial Magistrate First Class, Una, and thereby prayed to release the muddamal vehicle - Hero Splendor Plus bearing Registration No. GJ-14-AN-4687 in connection with the FIR being III - 523/2019 registered with Una Police Station, District - Gir - Somnath for the offences under the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. K.S.Chandrani for the petitioner and learned APP Mr. L.B.Dabhi 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 muddamal vehicle. 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.