DHARMIBEN 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 to quash and set aside the order dated 21.11.2019 passed by the learned 8th Additional Civil Judge and Judicial Magistrate First Class, Vadodara in Criminal Misc. Application No. 3686 of 2019 and to release the muddamal vehicle - Auto Rickshaw, bearing RTO registration No. GJ-06-AY-3618, in connection with the FIR being III-C.R. No. 87 of 2019, registered before the Harni Police Station, Vadodara City Dist.: Vadodara for the offence punishable under Sections 65(E), 81, 116B and 98(2) of the Prohibition Act.

(2.) Heard learned advocate Mr. Jimit P. Shah for the petitioner and learned APP Ms. Nisha Thakore on behalf of the respondent - State through video conference.

(3.) Mr. Shah, learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was liquor worth Rs.72,000/- found in the muddamal vehicle. It is further the case of the petitioner that he is the owner of the muddamal vehicle. It is submitted that the learned Court below has rejected the release of muddamal application, 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. He submitted that otherwise the petitioner has no antecedents.