SHANTABEN DESAIBHAI TALPADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 14, 226, and 227 of the Constitution of India to release the muddamal vehicle Atul Shakti Delivery Van, bearing RTO registration No. GJ-07-UU- 8562, in connection with the FIR being III-C. R. No. 179 of 2019, registered before the Panvad Police Station, Dist.: Chhotaudepur for the offence punishable under Sections 65(A)(E), 81, 83 and 98(2) of the Prohibition Act.

(2.) Heard learned advocate Mr. Yash K. Dave for the petitioner and learned APP Ms. Nisha Thakore on behalf of the respondent - State through video conference. Factual Matrix of the case:

(3.) The learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was liquor worth Rs.91,200/- found in the muddamal vehicle. It is the case of the petitioner that she is the mother of the deceased owner of the muddamal vehicle namely Nikheelbhai Desaibhai Talpada, who died on 08.01.2017. Copies of Death Certificate of the deceased as well as RC Book of the muddamal vehicle are annexed to the petition at Annexures 'B' and 'A' respectively. It is further the case of the petitioner that the muddamal vehicle in question is duly registered with the transport department of the government and the petitioner is the only claimant seeking the custody of the said muddamal vehicle.