RABARI RAJUBHAI RAMANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Perused the office note dated 21.12.2020 submitted by the Office in connection with the order passed by the Hon'ble the Chief Justice on the office note dated 22.10.2020. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State. 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 with a prayer to release Muddamal Vehicle i.e Honda Activa -4G bearing RTO registration No. GJ-38A-2753; Engine No.JF50EU5269455 and Chassis No.ME4JF507EHU269371.

(2.) It is the case of the petitioner that petitioner is the owner of the aforesaid vehicle and it is duly registered with the transport department of the Government. He is, therefore, before this Court.

(3.) The case of the prosecution is that while the police personnels were on patrolling, they received a secret information of the vehicle in question carrying liquor and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying liquor without any pass or permit. Therefore, an FIR being Prohibition C.R. No.45 of 2018 came to be lodged with Viramgam Town Police Station, Ahmedabad for the offence punishable under the Prohibition Act .