AJAYBHAI DEVJIBHAI JAYANTHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Article 226/227 of the Constitution of India to release the muddamal vehicle Maruti Suzuki Alto K10 LXI Car, bearing RTO registration No. DN-09-Q 6064, in connection with the FIR being III-C. R. No. 691 of 2019, registered before the Mahuva Police Station, Dist.: Surat (Rural) for the offence punishable under Sections 65(E), 81 and 98(2) of the Prohibition Act.

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

(3.) The learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was liquor worth Rs.1,08,500/- found in the muddamal vehicle in question as well as other vehicles. It is the case of the petitioner that he is the owner of the muddamal vehicle. The muddamal vehicle in question is duly registered with the transport department of the government and the petitioner is the only claimant seeking the custody of the said muddamal vehicle.