MAKWANA MAHESHBHAI SOMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 21, 226 and 227 of the Constitution of India seeking to quash and set aside the order dated 24.02.2020, passed by the learned Chief Judicial Magistrate, Khambhalia in Muddamal Application No. 25/2020 and the order dated 13.08.2020, passed by the learned 2nd Additional Sessions Judge, Khambhalia in Criminal Revision Application No. 8 of 2020 and to release the muddamal vehicle - Honda City car bearing RTO registration No. GJ-01-KB-2421 in connection with the FIR being CR. No. III - 697 of 2019, registered before Khambhalia Police Station, Dist. Devbhumi Dwarka for the offence punishable under Sections 65(E), 81, 83 and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. C. R. Buddhadev for the petitioner and learned APP Mr. H. K. Patel on behalf of the respondent - State through video conference.

(3.) As per the allegations made in the FIR, liquor worth Rs.1,58,735/- was found in the muddamal vehicle. It is the case of the petitioner that he is the owner of the muddamal vehicle in question. It is further the case of the petitioner that the learned Courts below have rejected the release of muddamal applications, only because of restriction under Section 98(2) of the Prohibition Act and if the muddamal vehicle would lie at the police station for more time, there will be physical damage to it and therefore, interference of this Hon'ble Court is required in the interest of justice.