VRUNDAVAN KAUSHIKBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India seeking to quash and set aside the order dated 28.11.2019, passed by the learned Additional Chief Judicial Magistrate, Vapi in Criminal Misc. (Muddamal) Application No. 359 of 2018, by which, the said application came to be rejected as well as the order dated 30.01.2020, passed by the learned Sessions Judge, Valsad in Criminal Revision Application No. 16 of 2020, by which, the said revision application also came to be rejected and it is further further prayed to release the muddamal vehicle being - Ford Eco Sports 1.5 Diesel T Plus Car bearing RTO registration No. GJ-06-KD-4395 in connection with the FIR being CR. No. III-428 of 2019, registered before the Vapi Town Police Station, Dist. Valsad for the offence punishable under Sections 65(A)(E), 81 and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Darshan D. Patel for the petitioner and learned APP Mr. H. K. Patel on behalf of the Respondent State of Gujarat through video conference.

(3.) As per the allegations made in the FIR, liquor worth Rs.50,950/- was found in the muddamal vehicle. It is the case of the petitioner that he is the owner of the muddamal vehicle. It is further the case of the petitioner 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. It is submitted that otherwise, the petitioner is neither named in the FIR nor has any antecedents.