LAWS(GJH)-2020-10-919

GAUSWAMI VISHNUPURI KALPURI Vs. STATE OF GUJARAT

Decided On October 13, 2020
Gauswami Vishnupuri Kalpuri Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India and inherent powers under section 482 of the Criminal Procedure Code, 1973 to quash and set aside the order dated 06.08.2020 passed by the learned Judicial Magistrate First Class, Lakhani in muddamal application and the order dated 21.08.2020, passed by the learned 8th (Ad hoc) Additional Sessions Judge, Banaskantha @ Deodar in Criminal Revision Application No. 8/2020 and to release the muddamal vehicle - Mahindra & Mahindra, Short DI (Jeep), bearing RTO registration No. GJ-02-BH-6016, in connection with the FIR being III-C.R. No. 394 of 2019, registered before the Aghthala Police Station, Dist.: Banaskantha for the offence punishable under Sections 65(A)(E) , 81 , 99 and 98(2) of the Prohibition Act.

(2.) Heard learned advocate Mr. Nirav K. Padhiyar for the petitioner and learned APP Mr. Hardik Soni on behalf of the respondent - State through video conference.

(3.) The learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was liquor worth Rs.1,09,000/- found in the muddamal vehicle. It is further the case of the petitioner that he is the owner of the muddamal vehicle. It is submitted 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. He submitted that otherwise the petitioner has no antecedents.