ABHESING PRABHATSING THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 19, 21, 226 and 227 of the Constitution of India and inherent powers under section 482 of the Criminal Procedure Code, 1973 (Code) seeking to quash and set aside the order dated 13.10.2020, passed by the learned 5th Additional Sessions Judge, Banaskantha @ Palanpur in Criminal Revision Application No. 51 of 2020 confirming the order dated 30.09.2020, passed by the learned 5th Additional Judicial Magistrate First Class, Palanpur in Muddamal Application, whereby, the learned Magistrate has rejected the Muddamal Application of the petitioner, with a further prayer to release the muddamal vehicle - Maruti Zen VXI Car, bearing RTO registration No. GJ-24-AA-1258 in connection with the FIR being C.R. No. 11195035200599 of 2020, registered before the Palanpur Police Station, Dist. Banaskantha for the offence punishable under Sections 65(E), 81 and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Ankit Y. Bachani for the petitioner and learned APP Mr. L. B. Dabhi on behalf of the respondent - State through video conference. Factual Matrix of the case:

(3.) As per the allegations made in the FIR, desi liquor worth Rs.3,600/- was found in the muddamal vehicle. It is the case of the petitioner that the petitioner 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. It is submitted that otherwise, the petitioner has no antecedents.