NAUSAD BABUKHA 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 08.10.2020 in Criminal Revision Application No. 86 of 2020 passed by the learned Principal Sessions Judge, Kheda at Nadiad and also quash and set aside order dated 30.09.2020 passed by the Magistrate Court, Mahemdavad and to release the muddamal vehicle- Truck bearing RTO registration No. MP-13-GA-9023 in connection with the FIR being CR. No. - 11204041201169 of 2020 before the Mahemdavad Police Station, Dist- Kheda for the offence punishable under Sections 65(E), 81, 98(2) and 99 of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Javed Qureshi for the petitioner and learned APP Mr. L. B. Dabhi 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 Truck bearing RTO registration No. MP-13-GA-9023. It is the case of the petitioner that the learned Courts below have rejected release of muddamal applications, 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.