JAY ISHWARLAL NAVSARIWALA 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 Chevrolet Beat Car bearing RTO registration No. GJ-05-JL-8118 in connection with the FIR being III-C.R. No. 481/2019, registered before the Mandvi Police Station, District Surat Rural for the offence punishable under Sections 65(A)(E), 81, 116-B and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred Muddamal Application before the learned Additional Chief Judicial Magistrate Mandvi by an order dated 04.09.2020 rejected the said application, against which, the petitioner preferred Criminal Revision Application No. 33 of 2020 before the learned 2nd Additional Sessions Judge, Surat, who, by an order dated 23.10.2020 also rejected the said revision.

(2.) Heard learned advocate Mr.Kishan H Daiya for the petitioner and learned APP Ms Maithali Mehta on behalf of the respondent - State through video conference.

(3.) As per the allegations made in the FIR, liquor 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.