ARJUNBHAI BACHUBHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to 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 release the muddamal vehicle- Maruti Suzuki -ECCO Car in connection with the FIR No. III CR No. 463/2019 registered with Chhotaudepur Police Station, District - Chhotaudepur for the offence punishable under Sections 65(A)(E), 81, 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Jaydeep H Sindhi for the petitioner and learned APP Mr. HK Patel 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 the Maruti Suzuki - ECCO Car being No. GJ-06- FK-1216. It is the case of the petitioner that the learned Court below has rejected release of muddamal application, only because of restriction under Section 98(2) and 99 of the Prohibition Act but vehicle lying at the Police Station for more time, otherwise there will be physical damage to it, therefore interference of this Hon'ble Court is required and therefore, this Court may please to allow this application in the interest of justice.