RAJESHWARIBEN DIPAKBHAI RATHOD 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 release the muddamal vehicle Honda Activa Motor Cycle bearing RTO registration No. GJ-04-CS-2049 in connection with the FIR being III- C.R. No. 1144 of 2019, registered before the Ghogha Road Police Station, District - Bhavnagar for the offence punishable under Sections 65(E) and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred Revision Application before the learned 6th Additional Sessions Judge, Bhavnagar who, by an order dated 05.11.2020 rejected the said revision application.

(2.) Heard learned advocate Mr. Arvind K. Thakur for the petitioner and learned APP Ms. Maithili Mehta on behalf of the respondent - State through video conference.

(3.) As per the allegations made in the FIR, country made liquor worth Rs.800/- 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.