PANKAJKUMAR RAMESH CHAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Article 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 dated 21.08.2020 in Criminal Revision Application No. 32 of 2020 passed by the learned 7th Additional Sessions Judge, Ahmedabad District Court @ Mirzapur and also quash and set aside order dated 12.02.2020 passed by learned Additional Civil Judge and JMFC, Bavla and to release the muddamal vehicle Truck bearing RTO registration No. HP?64?C?9868 in connection with the FIR being CR. No. ? 11192010200008 of 2020 before the Bagodara Police Station, District? Ahmedabad Rural for the offence punishable under Sections 65(A)(E), 98(2), 81, 83 and 116B of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Vaibhav Vyas for the petitioner and learned APP Mr. Hardik Soni 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 Truck bearing RTO registration No. HP?64?C?9868. 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 but if the 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 and therefore, this Court may please to allow this application in the interest of justice.