SUJARAM LADAJI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Article 226 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 15.05.2019 in Criminal Revision Application No. 10 of 2019 passed by the learned 6th Additional District and Sessions Judge, Banaskantha at Palanpur and also quash and set aside order dated 15.04.2019 passed by Judicial Magistrate First Class, Amirgadh and to release the muddamal vehicle- Honda CB Shine Motor Cycle bearing RTO registration No. RJ-38-SD-3677 in connection with the FIR being CR. No. III - 71 of 2019 before the Amirgadh Police Station, Dist- Banaskantha for the offence punishable under Sections 65(A)(E), 83, 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Dipen F. Chaudhari for the petitioner and learned APP Mr. Manan Mehta 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 Honda CB Shine Motor Cycle bearing RTO registration No. RJ-38-SD-3677. 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.