VELABHAI MANJIBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India r/w. section 482 of the Criminal Procedure Code, 1973 ("the Code" for short) to release the muddamal vehicle being Maruti Suzuki Alto Car, bearing RTO registration No. GJ-18-BA-4233, in connection with the FIR being C.R. No. 11195017200688 of 2020, registered before the Diyodar Police Station, Dist.: Banaskantha for the offence punishable under Sections 65(A)(E), 116B and 98(2) of the Prohibition Act.

(2.) Heard learned advocate Mr. B. U. Modi for learned advocate Mr. Nirav K. Padhiyar for the petitioner and learned APP Ms. Jirga Jhaveri on behalf of the respondent - State.

(3.) The learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was liquor worth Rs.11,800/- 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.