RANJITBHAI SHANIYABHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Articles 226 and 227of the Constitution of India, mainly supervisory jurisdiction to release the muddamal vehicle- Motor Cycle- HF Delux (I3S-SELF-DRUM-CAST) (Make- Hero Motocorp Ltd) bearing RTO registration No. GJ-34-E-3188 in connection with the FIR being CR NO. III- 175 of 2018 registered with Panvad Police Station, District - Chhotaudepur for the offence punishable under Sections 65(E) and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Jaydeep H. Sindhi for the petitioner and learned APP Ms. Maithili 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 vehicle Motor Cycle- HF Delux (I3S-SELF-DRUM-CAST) (Make- Hero Motocorp Ltd) bearing RTO registration No. GJ-34- E-3188. The Panvad Police Station has seized the vehicle which belongs to the present petitioner. It is also submitted that by virtue of provisions of Section 98 of the Prohibition Act, there is clear embargo for handing over the custody of the vehicle used in the offence pending the trial and if the vehicle is lying at the Police Station for more time, there will be physical damage to it, therefore interference of this Hon'ble Court is required and therefore, this Court may be pleased to allow this application in the interest of justice.