HANIFBHAI NUMAHAMMAD SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Article 226 of the Constitution of India, mainly supervisory jurisdiction to release the muddamal vehicle- Mahindra and Mahindra Limited Bolero Pick Up bearing RTO registration No. GJ-34-T-0254 in connection with the FIR being III- CR No. 590 of 2019 registered with Chhotaudepur Police Station, District - Chhotaudepur for the offence punishable under Sections 65(E), 116-B, 81, 83 and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Apurva R. Kapadia for the petitioner and learned APP Ms. Maithili Mehta 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 vehicle Mahindra and Mahindra Limited Bolero Pick Up bearing RTO registration No. GJ-34-T-0254. The Chhotaudepur Police Station has seized one vehicle which belongs to the present petitioner. It is also submitted that by virtue of provisions of Section 98 of the Prohibition Act, there is clear embargo for handing over the custody of the vehicle used in the offence pending the trial and if the vehicle is lying at the Police Station for more time, there will be physical damage to it, therefore interference of this Hon'ble Court is required and therefore, this Court may be pleased to allow this application in the interest of justice.