ASHOKKUMAR C. JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India and inherent powers under section 482 of the Criminal Procedure Code, 1973 (Code) seeking to release the muddamal vehicle - Maruti Baleno Zeta Car, bearing RTO registration No. GJ-06-PB-8648 in connection with the FIR being C.R. No. 11196027200381 of 2020, registered before the Karelibaug Police Station, Vadodara City Dist. Vadodara for the offence punishable under Sections 65(E), 81 and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred Criminal Misc. Application No. 2307 of 2020 before the learned 9th Additional Judicial Magistrate First Class, Vadodara, who, by order dated 23.09.2020 rejected the said application against which, the petitioner preferred Criminal Revision Application No. 131 of 2020 before the learned 2nd Additional District and Sessions Judge, Vadodara, who, by order dated 17.10.2020 confirmed the order of the learned Magistrate.

(2.) Heard learned advocate Mr. J. P. Pandav for the petitioner and learned APP Mr. L. B. Dabhi on behalf of the respondent - State through video conference.

(3.) As per the allegations made in the FIR, contraband liquor worth Rs.33,200/- was found with the muddamal vehicle. It is the case of the petitioner that the petitioner 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. It is submitted that otherwise, the petitioner has no antecedents.