BHAVESHBHAI DEHABHAI DABHI 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 227 of the Constitution of India, mainly supervisory jurisdiction so also inherent powers under Section 482 of the Code of Criminal Procedure to quash and set aside the order dated 28.07.2020 in Criminal Revision Application No. 20 of 2020 passed by the 4th learned Additional Sessions Judge, Surendranagar and also quash and set aside order dated 13.07.2020 passed in Muddamal Application by Principal Civil Judge and JMFC, Chotila and to release the muddamal vehicle- Sentro four wheeler Car bearing RTO registration No. GJ-03-CA-2150 in connection with the FIR being CR. No. III- 69 of of 2019 before the Nani Moldi Police Station, District- Surendranagar for the offence punishable under Sections 65(A) (E), 81, 98(2) and 116B of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Mihir Vakhariya for the petitioner and learned APP Mr. Hardik Soni on behalf of the Respondent State of Gujarat through video conference.

(3.) It is the case of the petitioner that the petitioner is the owner of Sentro four wheeler Car bearing RTO registration No. GJ-03-CA-2150. It is the case of the petitioner that the learned Courts below have rejected release of muddamal applications, only because of restriction under Section 98(2) of the Prohibition Act but if the 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 and therefore, this Court may please to allow this application in the interest of justice.