PRAVINSINH JASHVANTSINH PARMAR 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 227of 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 17.01.2020 in Criminal Revision Application No. 35 of 2019 passed by the learned Sessions Court, Limbdi and to release the muddamal vehicle- Maruti Ecco four wheeler Car bearing RTO registration No. GJ-23-AN-4398 in connection with the FIR being CR. No. III - 157 of 2019 before the Sayla Police Station, at Surendranagar for the offence punishable under Sections 65(A)(E), 81, 98(2) and 116B of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Laxamansinh Zala for the petitioner and learned APP Ms. Nisha Thakore on behalf of the Respondent State of Gujarat through video conference.

(3.) It is the case of the petitioner that the petitioner is the owner of Maruti Ecco four wheeler Car bearing RTO registration No. GJ-23-AN-4398. It is the case of the petitioner that the learned Sessions Court below have rejected release of muddamal application, only because of restriction under Section 98(2) of the Prohibition Act but if the 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 and therefore, this Court may please to allow this application in the interest of justice.