SANJAYKUMAR SHANKARBHAI PATEL Vs. VERSUS

JUDGEMENT

(1.) The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Section 227 of the Constitution of India so also inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 for the release of the muddamal vehicle bearing Registration No. GJ-21-BD-7109.

(2.) The brief facts leading to the filing of the present petition are as under,

(3.) Learned advocate appearing for the petitioners has referred to the RC Book placed on record at Page No.10 and submitted that the petitioner is the owner of the vehicle in question and till date, no one has claimed for the vehicle in question. It is submitted that the petitioner was not aware about the usage of the vehicle in question in commission of such offence under provisions of the Gujarat Prohibition Act, 1949. It is submitted that the vehicle in question is the source of livelihood of the petitioner and if the same is not released, the petitioner would suffer grave hardship.