NANJIBHAI RAMANBHAI RAVAL 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 Force Trax Cruiser (Jeep) bearing RTO registration No. GJ-09-BB-9666 in connection with the FIR being III-C.R. No. 277 of 2018, registered before the Kothamba Police Station, District - Mahisagar for the offence punishable under Sections 65(E) and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred Muddamal Application before the learned Additional Judicial Magistrate First Class, Lunavada who, by an order dated 11.09.2020 rejected the said application.

(2.) Heard learned advocate Mr. Imtiyaz Mansuri 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, liquor worth Rs. 1,00,800/- 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.