BARANDA DILIPKUMAR SOMAJI 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, mainly supervisory jurisdiction so also inherent powers under Section 482 of the Code of Criminal Procedure to quash and set aside the order dated 01.01.2020 passed by the learned JMFC, Vijapur and the order dated 20.07.2020 passed by the learned Sessions Judge, Mehsana in Criminal Revision Application No. 44/2020 and to release the muddamal vehicle- Hundai Santro four wheeler Car bearing RTO registration No. GJ-01-KB-7909 in connection with the FIR being CR. No. III -188 of 2019 before the Vijapur Police Station, at Mehsana for the offence punishable under Sections 65(A)(E) , 66(1) B,116(B) and 98(2) of the Gujarat Prohibition Act.

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

(3.) It is the case of the petitioner is the owner of Hundai Santro four wheeler Car bearing RTO registration No. GJ-01-KB-7909. It is the case of the petitioner that the learned Courts below have rejected release of muddamal applications, only because of restriction under Section 98(2) of the Prohibition Act but if the 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 and therefore, this Court may please to allow this application in the interest of justice.