MANARAM NAVARAM GAMAR 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- MARUTI EECO bearing RTO registration No. RJ-24-UA-0934 in connection with the FIR being CR. No.III - 183/2019 before the Amirgarh Police Station, at Banaskantha for the offence punishable under Sections 65(a), (e), 98(2), 81, 83 of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Prashant R. Maheshwar for the petitioner and learned APP Mr. H.K.Patel on behalf of the Respondent State of Gujarat through video conference.

(3.) It is the case of the petitioner that he is the owner of MARUTI EECO bearing RTO registration No. RJ-24-UA-0934 which belongs to State of Rajasthan. 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.