AMARATLAL KASTURLAL SUTHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 14, 19, 21, 226 and 227 of the Constitution of India r/w. Section 482 of the Criminal Procedure Code, 1973 to quash and set aside the order dated 10.08.2020 passed by the learned 7th Additional Sessions Judge, Banaskantha @ Palanpur in Criminal Revision Application No. 28/2020, preferred against the order dated 13.07.2020 passed by the learned Judicial Magistrate First Class, Amirgadh rejecting the muddamal application and to release the muddamal vehicle Maruti Swift Car four wheeler - bearing RTO registration No. RJ-27-CA-7076, in connection with the FIR being C.R. No. 11195003200442, registered before the Amirgadh Police Station, Dist.: Banaskantha for the offence punishable under Sections 65(A)(E), 81, 83, 116B and 98(2) of the Prohibition Act.

(2.) Heard learned advocate Mr. Amit N. Chaudhary for the petitioner and learned APP Mr. H. K. Patel on behalf of the respondent - State through video conference.

(3.) Mr. Chaudhary, learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was liquor worth Rs.1,60,800/- 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 the petitioner is a car broker and is neither arraigned as accused nor has any antecedents.