ABDULKADAR GULAMHUSHEN BUKHARI 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 - Tempo Trax Cruiser (Toofan), bearing RTO registration No. GJ-09-Y-1238 in connection with the FIR being C.R. No. 11189006200399 of 2020, registered before the Tankara Police Station, Dist. Morbi for the offence punishable under Sections 65(E), 81 and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred a Muddamal Application before the learned Judicial Magistrate First Class, Tankara, who, by an order dated 29.06.2020, was pleased to reject the same.

(2.) Heard learned advocate Mr. M. S. Padaliya 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.3,000/- 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 application, 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 is neither named in the FIR nor has any antecedents.