HARESHBHAI KANJIBHAI PARMAR 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 sec. 482 of the Criminal Procedure Code, 1973 (Code) seeking to release the muddamal vehicle - Maruti Zen VX bearing RTO registration No. GJ-10-F-2252 in connection with the FIR being C.R. No. - 11208037210180 of 2021, registered before the Kuvadva Road Police Station, District - Rajkot (City) for the offence punishable under Ss. 65(E), 116-B and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred Muddamal Application before the learned 16th Additional Chief Judicial Magistrate, Rajkot, who, by an order dtd. 6/2/2021 rejected the said application.

(2.) Heard learned advocate Mr. Chintan Popat for the petitioner and learned APP Ms. C.M. Shah on behalf of the respondent - State.

(3.) As per the allegations made in the FIR, liquor worth Rs.30,000.00 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 Court below have rejected the release of muddamal application, only because of restriction under Sec. 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.