JITENDRAKUMAR HIRABHAI RAJPUROHIT 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 read with Section 482 of the Criminal Procedure Code, 1973 to release the muddamal vehicle - Maruti Suzuki Ertiga VDI - four wheeler car, bearing RTO registration No. GJ-09-BB-1062, in connection with the FIR being Prohibition C. R. No. 11195050200032 of 2020, registered before the Tharad Police Station, Dist.: Banaskantha for the offence punishable under Sections 65(A)(E), 116B, 99 and 98(2) of the Prohibition Act.

(2.) Heard learned advocate Mr. R. B. Thakor for the petitioner and learned APP Mr. H. K. Patel on behalf of the respondent - State through video conference.

(3.) Mr. Thakor, learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was liquor worth Rs.86,400/- found in the muddamal vehicle, however, the petitioner is not arraigned as accused in the FIR. It is the case of the petitioner that he is the owner of the muddamal vehicle. 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.