MERABHAI 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, mainly supervisory jurisdiction so also inherent powers under Section 482 of the Code of Criminal Procedure to quash and set aside the order dated 24.10.2019 in Criminal Revision Application No. 66 of 2019 passed by the learned Sessions Judge, Porbandar and also quash and set aside order dated 16.10.2019 passed by the Judicial Magistrate First Class, Ranavav , and to release the muddamal 3 Camels (Animmal Live Stoke) and 4 wooden stands in connection with the FIR being CR. No. III - 357 of 2019 before the RanavavPolice Station, District-Porbandar for the offence punishable under Sections 65(E) and 66(1)B of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Chintan S. Popat 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 the petitioner is the owner of muddamal 4 Camels (Animal Live Stoke) and 4 wooden stands and doing activity of animal husbandry for earning his livelihood and these muddamal camels are the only source of income of the petitioner. Moreover, out of 4 Camels, 3 camel is died in police custody. It is the case of the petitioner that the learned Courts below have rejected release of muddamal applications, only because of restriction under Section 98(2) of the Prohibition Act.