SAJJANSING GULABSING CHAUHAN 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 10.10.2019 in Muddamal Misc. Application No. 209 of 2019 passed by the Judicial Magistrate First Class Court at Savli and to release the muddamal vehicle- Mahindra -Xylo four wheeler Car bearing RTO registration No. MP-09-BC-3182 in connection with the FIR being CR. No. III - 321 of 2019 before the Savli Police Station, District- Vadodara (Rural) for the offence punishable under Sections 65(A)(E), 81, 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. V. B. Malik for the petitioner and learned APP Ms. Maithili Mehta 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 Mahindra -Xylo four wheeler Car bearing RTO registration No. MP-09-BC-3182. 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 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.