HITESH JAYANTIBHAI NAYEKA 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 release the muddamal vehicle - Maruti Suzuki Omni Van, bearing RTO registration No. GJ-05-BU-4946 in connection with the FIR being CR. No. III - 158 of 2018, registered before the Umra Police Station, Dist. Surat for the offence punishable under Sections 65(A)(E), 81 and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred Criminal Misc. (Muddamal) Application No. 30 of 2019 before the learned 14th Additional Civil Judge and JMFC, Surat, which came to be rejected vide order dated 25.03.2019 against which, the petitioner preferred Criminal Revision (Muddamal) Application No. 334 of 2019 before the learned 12th Additional Sessions Judge, Surat, who also rejected the said revision application by order dated 19.10.2019, confirming the order of the learned trial Court.

(2.) Heard learned advocate Mr. M. S. Padaliya for the petitioner and learned APP Ms. Nisha Thakore on behalf of the respondent - State through video conference. Factual Matrix of the case:

(3.) As per the allegations made in the FIR, liquor worth Rs.56,000/- was found in the muddamal vehicle. It is the case of the petitioner that he is the owner of the muddamal vehicle in question. 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.