SANJAYKUMAR SUGNARAM JAT 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, mainly supervisory jurisdiction so also inherent powers under Section 482 of the Code of Criminal Procedure to quash and set aside the order dated 06.08.2020 in Criminal Revision Application No. 05 of 2020 passed by the 2nd learned Additional Sessions Judge, Patan and also quash and set aside order dated 24.07.2020 passed in Muddamal Application by Principal Civil Judge and JMFC, Santalpur at Varahi and to release the muddamal Wall Putty Bags in connection with the FIR being CR. No. 11217032200379 of 2020 before the Santalpur Police Station, District- Patan for the offence punishable under Sections 65(A) (E), 67(1)(A), 81, 83, 98(2) and 116B of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Laxamansinh M. Zala for the petitioner and learned APP Mr. H. K. Patel on behalf of the Respondent State of Gujarat through video conference.

(3.) 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 muddamal would lie at the Police Station for more time, there will be 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.