HETALBEN FATEHSINGH WAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Articles 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 passed by the learned Additional Judicial Magistrate First Class, Kalol dated 14/7/2020 in Criminal Misc. Application No. 182/2020 and the order passed by the learned 3rd Additional Sessions Judge, Panchmahals at Halol dated 30.7.2020 in Criminal Revision Application No. 16/2020 and to release the muddamal vehicle - Maruti Suzuki Swift VDI bearing Registration No. GJ-06-FC-6494 in connection with the FIR being CR No. 11207036200552/2020 registered with Kalol Police Station, District - Panchmahals for the offence punishable under Sections 65(A)(E), 81, 98(2) and 116(B) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Dharmesh R. Patel for the petitioner and learned APP Ms. Nisha Thakore on behalf of the Respondent State of Gujarat through video conference. Factual Matrix of the case:

(3.) It is the case of the petitioner that the petitioner is the owner of muddamal vehicle. It is 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.