NARANBHAI KARSHANBHAI RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, mainly supervisory jurisdiction so also inherent powers under Section 482 of the Code of Criminal Procedure to release the muddamal vehicle - Jeep - Maxx 10 STR BS 2 (Make - Mahindra & Mahindra Ltd.) bearing Registration No. GJ-07-AG-4827 in connection with the FIR No. III-61/2018 registered with Chhotaudepur Police Station, District - Chhotaudepur for the offence punishable under Sections 65(E), 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Ms. Pooja D. Baswal for the petitioner and learned APP Mr. Hardik Soni on behalf of the Respondent State of Gujarat through video conference.

(3.) The case of the petitioner is that the petitioner is the owner of Jeep - Maxx 10 STR BS 2 (Make - Mahindra & Mahindra Ltd.) bearing Registration No. GJ-07-AG-4827 and that the petitioner is doing the business for earning his livelihood and the said vehicle is lying in the policy custody since long and it is kept in the open place and even it is not properly maintained. That Section 65(E), and 98(2) provides embargo upon release or handing over the interim custody of the vehicle and therefore the petitioner has no other alternative remedy except to approach this Hon'ble Court.