MUKESH HEMANTGIRI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to release Muddamal Vehicle i.e XUV 300 DIESEL W8 of Mahindra and Mahindra Ltd. bearing registration No. GJ-36-L-6291; Chassis No.MA1NM2ET1K2B53713 and Engine No.ETKZA20392.

(2.) It is the case of the petitioner that petitioner is the owner of the aforesaid vehicle and it is duly registered with the transport department of the Government. He is, therefore, before this Court.

(3.) The case of the prosecution is that while the police personnels were on patrolling, they received a secret information of the vehicle in question carrying liquor and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying liquor without any pass or permit. Therefore, an FIR being Prohibition C.R. No.11189005200584 of 2020 came to be lodged with Morbi Taluka Police Station, Dist-Morbi for the offence punishable under the Prohibition Act.