RAJENDRASINH HEMANTSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Section 227 of the Constitution of India with a prayer to release Muddamal Vehicle i.e Bolero Maxi Truck (White) bearing RTO registration No.GJ­03­AZ­ 0941.

(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 Prohibition / III C.R. No.35 of 2018 came to be lodged with "B" Division Police Station, Rajkot City for the offence under the Prohibition Act.