JAYESHKUMAR RANCHHODBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 14, 19, 21, 226 and 227 of the Constitution of India and inherent powers under section 482 of the Criminal Procedure Code, 1973 (Code) seeking to release the muddamal vehicle - Maruti Suzuki Wagon R Car, bearing RTO registration No. GJ-05-CS-6306 in connection with the FIR being CR. No. 11214021200681 of 2020, registered before the Kosamba Police Station, Dist. Surat (Rural) for the offence punishable under Sections 65(E) and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred Muddamal Application before the learned Additional Judicial Magistrate First Class, Mangrol, which came to be rejected vide order dated 28.07.2020, against which, the petitioner preferred Criminal Revision Application No. 151 of 2020 before the learned 15th Additional Sessions Judge, Surat, who confirmed the order of the trial Court vide order dated 10.09.2020.

(2.) Heard learned advocate Mr. Jarjeeskhan for the petitioner and learned APP Mr. Manan Mehta on behalf of the respondent - State through video conference.

(3.) As per the allegations made in the FIR, liquor worth Rs.880/- 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. It is submitted that otherwise, the petitioner has no antecedents.