NILAM PARESHBHAI PATEL 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 227 of the Constitution of India, mainly supervisory jurisdiction to release the muddamal vehicle - Car- Fortuner 3.0 L (Make- Toyota Kirlosker Motor Pvt. Ltd.) bearing RTO registration No. GJ- 05-CN-6014 in connection with the FIR being CR No. - 11199001200224 of 2020 registered with Bharuch City- C Division Police Station, District - Bharuch for the offence punishable under Sections 65(A)(E), 81, 83and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Jaydeep H. Sindhi for the petitioner and learned APP Mr. Manan 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 Car- Fortuner 3.0 L (Make- Toyota Kirlosker Motor Pvt. Ltd.) bearing RTO registration No. GJ-05-CN-6014. The petitioner is doing business and doing legal activities for earning his livelihood and the vehicle was seized in prohibition Case registered with the aforesaid Police Station. 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.