MILANBHAI HIMMATBHAI SHAH 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 - White Color, Trax Toofan Car bearing RTO registration No. GJ-06-LE-8756 in connection with the FIR being C.R. No. - 11196004201019 of 2020, registered before the Gotri Police Station, District - Vadodara (City) for the offence punishable under Sections 65(E), 81, 116-B and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred Muddamal Application before the learned 7th Additional Civil Judge and JMFC, Vadodara, who, by an order dated 24.08.2020 rejected the said application, against which, the petitioner preferred Criminal Revision Application No. 120 of 2020 before the learned 2nd Additional District and Sessions Judge, Vadodara, who, by an order dated 28.09.2020 also rejected the said revision.

(2.) Heard learned advocate Mr. Rajesh G. Barot 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, liquor worth Rs.20,800/- was found in 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.