NIMESH DILIPBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction of 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 - Hyundai Mot. Ind. Ltd. Accent bearing Registration No. GJ15-CA-4036 in connection with the FIR No. III-CR-349 of 2019 registered with Valsad Town Police Station, District - Patan for the offence punishable under Sections 65(A)(E), 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Jaydeep H. Sindhi for the petitioner and learned APP Mr. H.K.Patel on behalf of the Respondent State of Gujarat through video conference.

(3.) The case of the petitioner is that the petitioner is the owner of Hyundai Mot. Ind. Ltd. Accent bearing Registration No. GJ-15-CA-4036 and that the petitioner is doing the business for earning his livelihood and the said vehicle has been used by other accused and it is lying in the policy custody since long and it is kept in the open place and even it is not properly maintained. That Section 65(A), 65(E), and 98(2) provides embargo upon release or handing over the interim custody of the vehicle and therefore the petitioner has no other alternative remedy except to approach this Hon'ble Court.