AMRUTBHAI PATABHAI DANGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 is preferred seeking substantive reliefs:

(2.) It is the case of the petitioner that he is the owner of the vehicle being Bolero Jeep bearing Registration No. GJ-12- BT-8180 and it is duly registered with the transport department of the Government. He had preferred an application for the release of the vehicle in question, which came to be disposed of by the learned 2nd Additional Sessions Judge, Gandhidham-Kutch vide order dated 11.02.2019.

(3.) The case of the prosecution is that on 03.11.2019, while the police personnels were on patrolling, they received a secret information of the vehicle in question carrying liquor and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying liquor without any pass or permit. Therefore, FIR being C.R. No.III-489 of 2019 came to be lodged with Gandhidham "B"Division Police Station, District Kutch for the offence under the provisions of the Prohibition Act .