SAIYED HAIDERALI MOHAMMEDALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 14, 19, 21, 226, and 227 of the Constitution of India to release the muddamal vehicle - Mahindra & Mahindra Bolero TRKopn Truck, bearing RTO registration No. GJ-06-AX-5278, in connection with the FIR being III-C.R. No. 155 of 2017, registered before the Tankara Police Station, Dist.: Morbi for the offence punishable under Sections 65(E), 116B and 98(2) of the Prohibition Act.

(2.) Heard learned advocate Mr. K. I. Kazi for the petitioner and learned APP Mr. Manan Mehta on behalf of the respondent - State through video conference.

(3.) The learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was liquor worth Rs.9,78,000/- found to be transported through the muddamal vehicle. It is the case of the petitioner that he is the owner of the muddamal vehicle. The muddamal vehicle in question is duly registered with the transport department of the government and the petitioner is the only claimant seeking the custody of the said muddamal vehicle.