LAWS(GJH)-2020-11-61

MOHANDAN RUPAJI CHARAN Vs. STATE OF GUJARAT

Decided On November 25, 2020
Mohandan Rupaji Charan Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 14, 226, and 227 of the Constitution of India to release the muddamal vehicle - Tata Truck, bearing RTO registration No. RJ-27-GA-4174, in connection with the FIR being III-C.R. No. 40 of 2019, registered before the Himatnagar Rural Police Station, Dist.: Sabarkantha for the offence punishable under Sections 65(A)(E), 116B, 81, 83 and 98(2) of the Prohibition Act.

(2.) Heard learned advocate Mr. H. B. Champavat for the petitioner and learned APP Mr. Manan Mehta on behalf of the respondent - State through video conference. Factual Matrix of the case:

(3.) The learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was liquor worth Rs.11,97,600/- found in the muddamal vehicle. 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.