VINOD CHANDUBHAI BHALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application 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 release the muddamal vehicle- Pulsar 200 DTS. I.F. Motor Cycle bearing RTO registration No. GJ-06-MB-9019 in connection with the FIR being CR. No. III - 431 of 2019 before the Bapod Police Station, District-Vadodara City for the offence punishable under Sections 65(E) and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Lucky Jucky Chan for the petitioner and learned APP Mr. H. K. Patel on behalf of the Respondent State of Gujarat through video conference.

(3.) It is the case of the petitioner that he is the owner of Pulsar 200 DTS. I.F. Motor Cycle bearing RTO registration No. GJ-06-MB-9019. 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.