JASWANTBHAI KUBERBHAI VANKAR 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 release the muddamal vehicle - Tempo, bearing RTO registration No. GJ-01-CX-9680, in connection with the FIR being III-C.R. No. 89 of 2017, registered before the Halol Police Station, Dist.: Panchmahals for the offence punishable under Sections 65(A)(E), 81, 116(B) and 98(2) of the Prohibition Act. The petitioner had preferred muddamal application before the trial Court concerned, which came to be rejected by an order dated 27.08.2019 against which, Criminal Revision Application No. 47 of 2019 came to be preferred, which also came to be rejected by an order dated 17.09.2018 passed by the learned 5th Additional Sessions Judge, Panchmahals @ Halol.

(2.) Heard learned advocate Ms. Urja Dave for the petitioner and learned APP Mr. H. K. Patel on behalf of the respondent - State through video conference.

(3.) The learned advocate for the petitioner submitted that as per the allegations made in the FIR, English liquor was found in the muddamal vehicle without any pass or permit. It is further the case of the petitioner that he is the owner of the muddamal vehicle. It is submitted 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.