RAVIBHAI NANDLALBHAI DEGAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 with a prayer to release Muddamal Vehicle i.e RE COMPACT CNG 45 (Auto Rickshaw) of BAJAJ AUTO LTD bearing RTO registration - No.GJ-?13-?AV-?1999; -?-?Chassis No.MD2A27AY8HWJ29444 and Engine No.AZYWHJ49953.

(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 C.R. No.11195035200331 of 2020 came to be lodged with Palanpur Taluka Police Station, Dist-?Banaskantha for the offence punishable under the Gujarat Prohibition Act.