NITESHKUMAR RAMBHAROSE SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 226 and/or 227 of the Constitution of India and section 451 r/w. Section 482 of the Criminal Procedure Code, 1973 to release the muddamal vehicle - Ashok Leyland Ltd. Bus, bearing RTO registration No. RJ-14-PD- 9696, in connection with the FIR being III-C.R. No. 149 of 2019, registered before the Chiloda Police Station, Dist.: Gandhinagar for the offence punishable under Sections 65(A)(E) , 116B and 98(2) of the Prohibition Act. The petitioner had preferred muddamal application No. 39/2019 before the learned 3rd Additional Civil Judge and JMFC, Gandhinagar, who rejected the said application by an order dated 29.07.2019, against which, the petitioner had preferred Criminal Revision Application No. 70 of 2019, which also came to be rejected by an order dated 14.08.2019 passed by the learned Principal Sessions Judge, Gandhinagar.

(2.) Heard learned advocate Mr. Dineshkumar D. Gautam for the petitioner and learned APP Mr. H. K. Patel on behalf of the respondent - State through video conference.

(3.) As per the allegations made in the FIR, liquor worth Rs.26,646/- was found in the muddamal vehicle. It is the case of the petitioner that he is the owner of the muddamal vehicle in question. It is further the case of the petitioner that the learned Courts below have rejected the release of muddamal applications, only because of restriction under Section 98(2) of the Prohibition Act and if the muddamal vehicle would lie at the police station for more time, there will be physical damage to it and therefore, interference of this Hon'ble Court is required in the interest of justice. It is submitted that otherwise, the petitioner has no antecedents.