JAYKISHAN 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 release the muddamal vehicle Bolero Maxi Truck bearing RTO registration No. RJ-46-GA-0968, in connection with the FIR being C.R. No. 11189002200536 of 2020 registered before Maliya Miyana Police Station, Dist.: Morbi for the offence punishable under Sections 65(A)(E), 116B, 81 and 98(2) of the Prohibition Act.

(2.) Heard learned advocate Mr. Nirav Padhiyar for the petitioner and learned APP Ms Maithali Mehta 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, liquor found in the muddamal vehicle. It is the case of the petitioner that the petitioner is the owner of the muddamal vehicle. The muddamal vehicle in question is duly registered with the transport department of the government and the petitioner is the only claimant seeking the custody of the said muddamal vehicle.