JITUBHAI JASHABHAI BHAMBHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Articles 226 of the Constitution of India, mainly supervisory jurisdiction so also inherent powers under Section 482 of the Code of Criminal Procedure to quash and set aside the order passed by the learned Principal Civil Judge and Judicial Magistrate First Class, Chotila, dated 21.11.2020 and thereby prayed to release the muddamal vehicle Maruti Swift bearing Registration No. GJ 13 CC - 5546 in connection with the FIR No. 11211009200190/2020 registered with Chotila Police Station, District Surendranagar for the offences under the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. A.R.Shah for the petitioner and learned APP Ms. Maithili Mehta on behalf of the Respondent State of Gujarat through video conference.

(3.) It is the case of the petitioner that the petitioner is the owner of muddamal vehicle. It is submitted that by virtue of provisions of Section 98 of the Prohibition Act, there is clear embargo for handing over the custody of the vehicle used in the offence pending the trial and if the vehicle is lying at the Police Station for more time, there will be physical damage to it, therefore interference of this Hon'ble Court is required and therefore, this Court may be pleased to allow this application in the interest of justice.