GAUN DAYANAND BALWANT 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 quash and set aside the order dated 28.08.2020, passed by the learned Additional Sessions Judge, Court No. 30, City Civil and Sessions Court, Ahmedabad in Criminal Revision Application No. 142 of 2020 confirming the order dated 16.07.2020, passed by the learned Additional Chief Metropolitan Magistrate, Court No. 17, Ahmedabad in Muddamal Application rejecting the said application and to release the muddamal vehicle - Auto Rickshaw, bearing RTO registration No. GJ-01-TD-7949 in connection with the FIR being CR. No. 11191040200490 of 2020, registered before the Sardarnagar Police Station, Ahmedabad City for the offence punishable under Sections 65(E), 66(1)(b), 81 and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Anurag Rathor for the petitioner and learned APP Ms. Nisha Thakore on behalf of the respondent - State through video conference. Factual Matrix of the case:

(3.) As per the allegations made in the FIR, liquor worth Rs.70,960/- 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.