RAJPUROHIT GAUTAMKUMAR RAMCHANDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India for the release of the muddamal vehicle i.e. TATA Truck (TATA Motors Pvt. Ltd.) bearing Registration No.GJ-01-DY8716.

(2.) Learned advocate for the petitioner submitted that on registration of the FIR being Prohibition C.R.5131 of 2019 registered with Rakhiyal Police Station, District Ahmedabad City, for the offences under the provision of the Gujarat Prohibition Act, the vehicle of the petitioner has been seized as muddamal in connection with the aforesaid offence, however, the said vehicle is duly registered with the transport department of the Government and in support of it, RC Book is placed on record at Page No.16 of the compilation. He has submitted that the petitioner is not shown as an accused in the FIR.

(3.) At the outset, learned advocate for the petitioner has pointed out that one Gulabsingh Nathusingh Rajput had filed Special Criminal Application No.1885 of 2021 before this Court. However, as the said petitioner was not the registered owner of the vehicle in question, the said petition was withdrawn by the said petitioner with a view to file a fresh application before the competent Court by the registered owner of the muddamal vehicle. Learned advocate has referred the order dated 17.03.2021.