PRAKSHJI PRAHLADJI ARJANJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Article 226 of the Constitution of India to release the muddamal vehicle - Maruti Alto K-10 - four wheeler Car bearing RTO registration No. GJ-18- AM-0485 as well as one Vivo Mobile phone in connection with the FIR being CR. No. 11216022200001 registered before the Kalol Taluka Police Station, at Gandhinagar for the offence punishable under Sections 65E and 98(2) of the Prohibition Act.

(2.) Heard learned advocate Mr. Hardik Barot for the petitioner and learned APP Mr. H. K. Patel on behalf of the Respondent State of Gujarat through video conference.

(3.) Mr. Barot, learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was 216 litres of desi liquor found in the muddamal vehicle. It is submitted that in fact, the petitioner was not familiar about the consignment of alcohol as he was doing delivery assuming it to be the essential goods. It is the case of the petitioner that he is the owner of the muddamal vehicle and mobile phone in question. The muddamal vehicle in question is duly registered with the transport department of the government and the petitioner is the oe FIR being CR. No. 11216022200001 registered before the Kalol Taluka Police Station, at Gandhinagar for the offence punishable under Sections 65E and 98(2) of the Prohibition Act.