MALI SOMAJI KANAIYALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 14, 19, 21 and 226 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 31.07.2018 passed by the learned 5th Additional Sessions Judge, Deesa in Criminal Revision Application No. 58 of 2018 confirming the order dated 04.05.2018 passed by the learned 2nd Judicial Magistrate First Class, Deesa in Criminal Misc. Application No. 80 of 2018, whereby, the said application for release of muddamal came to be rejected and with a further prayer to release the muddamal vehicle - Hero Splendor Plus motorcycle, bearing RTO registration No. GJ-08-BD-3171 in connection with the FIR being C.R. No. III-43 of 2018, registered before the Deesa (Rural) Police Station, Dist. Banaskantha for the offence punishable under Sections 65(A)(E), 81 and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. J. V. Padhiyar for the petitioner and learned APP Ms. Shruti Pathak on behalf of the respondent - State through video conference.

(3.) As per the allegations made in the FIR, liquor worth Rs.10,700/- was found in the muddamal vehicle. It is the case of the petitioner that the petitioner 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.