CHANDUBHAI BABUBHAI RATHOD 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 so also inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 with a prayer to release Muddamal Vehicle i.e. Atul Shakti Loading Tempo bearing RTO registration No. GJ-23-V-2189.

(2.) It is the case of the petitioner that petitioner is the owner of the aforesaid vehicle and it is duly registered with the transport department of the Government. He is, therefore, before this Court.

(3.) The case of the prosecution personnels were on patrolling, is that while the police they received a secret information of the vehicle in question carrying liquor and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying liquor without any pass or permit. Therefore, an FIR being C.R. No. 11204017210373 of 2021 came to be lodged with Chaklasi Police Station, Dist: Kheda for the offence punishable under the Prohibition Act.