LAKHIYARJI MAHOBATJI SODHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articls 19, 21, 226 and 227 of the Constitution of India seeking to quash and set aside the order dated 30.07.2020, passed by the learned Judicial Magistrate First Class, Dayapar dated in Muddamal Application No. 2 of 2020 and the order dated 29.08.2020 passed by the learned Sessions Judge, Bhuj - Kachchh in Criminal Revision Application No. 53 of 2020, whereby, the applications of the petitioner came to be rejected and to release the muddamal vehicle - Hero Spendor+ Bike, bearing RTO registration No. GJ- 12-DH-7080 in connection with the FIR being CR. No. III - 89 of 2019 registered before the Narayan Sarovar Police Station, Dist. Kachchh (W), Bhuj for the offence punishable under Sections 65(E), 81 and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Ms. Jemini S. Patel for the petitioner and learned APP Ms. Maithili Mehta on behalf of the respondent - State through video conference.

(3.) As per the allegations made in the FIR, desi liquor worth Rs.460/- was found in the muddamal vehicle. It is the case of the petitioner that he is the owner of the muddamal vehicle 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.