BIPINBHAI JITUBHAI PATEL 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 seeking to release the muddamal vehicle- Honda CBZ Xtreme, two wheeler bike bearing RTO registration No. GJ-21-AF-9753 in connection with the FIR being CR. No. III - 594 of 2019 registered before the Bilimora Police Station, Dist. Navsari for the offence punishable under Sections 65(A)(E) and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Jignesh Hajare 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 he is the owner of the muddamal bike in question. It is further the case of the petitioner that the learned Courts below have rejected the release of muddamal applications, only because of restriction under Section 98(2) of the Prohibition Act and if the muddamal 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 in the interest of justice.