BINDESHKUMAR 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 seeking to release the muddamal vehicle - Mahindra and Mahindra Bolero Pick-up, bearing RTO registration No. GJ-27-TT-3805 in connection with the FIR being C.R. No. 11191024201234 of 2020, registered before the Ramol Police Station, Ahmedabad City, Dist. Ahmedabad for the offence punishable under Sections 66(1)(b), 65(A)(E), 116-B, 81 and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred had filed a Muddamal Application before the learned Additional Chief Metropolitan Magistrate, Court No. 11, Ahmedabad, who, by an order dated 16.10.2020 rejected the said application.

(2.) Heard learned advocate Mr. Aziz Alvi 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, liquor worth Rs.74,000/- 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 Court below has 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.