SHAILESHBHAI JERAMBHAI KAKADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Article 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 dated 20.10.2020 in Criminal Revision Application No. 99 of 2020 passed by the learned 5th Additional Sessions Judge, Rajkot and also quash and set aside order dated 01.10.2020 passed by the Magistrate Court, Rajkot and to release the muddamal vehicle- Ashok Leyland Truck- Model No. Ashok Leyland 3118IL bearing RTO registration No. GJ-03-BV-5627 in connection with the FIR being CR. No. - 11208055200197 of 2020 before the D.C.B. Police Station, Rajkot City, District - Rajkot (City) for the offence punishable under Sections 65(E), 81, 98(2) and 116B of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Hardik Y. Kothari for the petitioner and learned APP Mr. L. B. Dabhi 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 Ashok Leyland Truck- Model No. Ashok Leyland 3118IL bearing RTO registration No. GJ-03-BV-5627. It is the case of the petitioner that the learned Courts below have rejected release of muddamal applications, only because of restriction under Section 98(2) of the Prohibition Act but if the 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 and therefore, this Court may please to allow this application in the interest of justice.