ANANT PRAVINCHANDRA PATEL 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 seeking to quash and set aside the judgment and order dated 19.11.2019, passed by the learned 12th Additional Sessions Judge, Surat in Criminal Revision Application No. 305/2019 whereby, the learned Sessions Judge was pleased to confirm the order dated 07.08.2019, passed by the learned Judicial Magistrate First Class (2nd Court), Surat in Muddamal Application, rejecting the said application and to release the muddamal vehicle - Hyundai Magna i20 Car, bearing RTO registration No. GJ-06-LS-5876 in connection with the FIR being III-C. R. No. 37 of 2019, registered before the Dindoli Police Station, Surat City, Dist. Surat for the offence punishable under Sections 65(A)(E) and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Ms. Subhadra G. Patel 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.86,040/- 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.