HEMRAJ MEHARAM JATT 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 - TATA Motors Multiaxle Trailer LPS 3516 TCEXJ32 SL CAB bearing RTO registration No. RJ-19-GA-8903 in connection with the FIR being III-C.R. No. - 105 of 2019, registered before the Nani Meldi Police Station, District - Surendranagar for the offence punishable under Sections 65(A) (E), 81, 116-B and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Pawan Barot for the petitioner and learned APP Ms. Mailthali Mehta on behalf of the respondent - State through video conference. Factual Matrix of the case:

(3.) As per the allegations made in the FIR, liquor worth Rs.52,000/- 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. It is submitted that otherwise, the petitioner has no antecedents.