PRABHATBHAI DHANJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to 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- Maruti Suzuki Swift VDI four wheeler Car bearing RTO registration No. GJ- 19-AA- 6355 in connection with the FIR being CR. No. III - 418 of 2019 before the Mahuva Police Station, at Surat for the offence punishable under Sections 65(A)(E), 116(B), 81, 83 and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Kishan Daiya for the petitioner and learned APP Mr. H. K. Patel on behalf of the Respondent State of Gujarat through video conference. Factual Matrix of the case:

(3.) It is the case of the petitioner that he is the owner of Maruti Suzuki Swift VDI four wheeler Car bearing RTO registration No. GJ- 19- AA-6355. It is the case of the petitioner that the learned Court below has rejected release of muddamal application, only because of restriction under Section 98(2) of the Prohibition Act but vehicle lying at the Police Station for more time, otherwise there will be physical damage to it, therefore interference of this Hon'ble Court is required and therefore, this Court may please to allow this application in the interest of justice.