AKABAR ISMAIL MATHDA 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 05.09.2020 passed by the 2nd Additional Civil Judge and Judicial Magistrate First Class, Gandhidham, Dist- Kachchh and to release the muddamal vehicle- Hero Splendor Motor Bike bearing RTO registration No. GJ-12-DN-8241 in connection with the FIR being CR. No. 11993007201276 of 2020 before the Gandhidham Police Station, Dist- Kachchh for the offence punishable under Sections 65(E), 81, 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Ankit Y. Bachani for the petitioner and learned APP Mr. Manan Mehta 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 Hero Splendor Motor Bike bearing RTO registration No. GJ-12-DN-8241. 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.