KAMLESHBHAI ARVINDBHAI NAYKA 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 and inherent powers under section 482 of the Criminal Procedure Code, 1973 (Code) seeking to quash and set aside the order dated 03.09.2020 passed by the learned Judicial Magistrate First Class, Ghoghamba in Muddamal Application No. 50 of 2020 and to release the muddamal vehicle - Maruti Suzuki Eeco Car, bearing RTO registration No. GJ-07-BB-2192 in connection with the FIR being C.R. No. 11207055200220 of 2020, registered before the Rajgadh Police Station, Dist. Panchmahals for the offence punishable under Sections 65(A)(E), 81 and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Ms. Nidhi Barot for the petitioner and learned APP Mr. Manan Mehta on behalf of the respondent - State through video conference.

(3.) As per the allegations made in the FIR, liquor worth Rs.33,840/- 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 Court below has rejected the release of muddamal application, 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.