SAMIRBHAI MAHEBUBBHAI PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India to quash and set aside the order dated 07.08.2020 passed by the learned 5th Additional Civil Judge and Judicial Magistrate First Class, Surat in muddamal application and the order dated 02.09.2020, passed by the learned 5th Additional Sessions Judge, Surat in Criminal Revision Application No. 168/2020 and to release the muddamal vehicle - Honda Activa, bearing RTO registration No. GJ-05-NR-1227, in connection with the FIR being III-C.R. No. 325 of 2017, registered before the Chowk Bazaar Police Station, Surat City for the offence punishable under Sections 65(A)(E), 81, 116(C) and 98(2) of the Prohibition Act.

(2.) Heard learned advocate Mr. Rafik Lokhandwala for the petitioner and learned APP Mr. H. K. Patel on behalf of the respondent - State through video conference. Factual Matrix of the case:

(3.) The learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was liquor worth Rs.14,400/- found in the muddamal vehicle. It is further the case of the petitioner that he is the owner of the muddamal vehicle. It is submitted that the learned Courts below have 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. He submitted that otherwise the petitioner is neither named in the FIR nor has any antecedents.