RAJESH ANARSINH SANSI 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 - Honda Activa 5G bearing RTO registration No. GJ-20-AN-7667 in connection with the FIR being III-C.R. No. -520/2019 , registered before the Dahod Town Police Station, District -Dahod for the offence punishable under Sections 65(E), 81and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred Criminal Revision Application No. 22 of 2020 before the learned 2nd Additional Sessions Judge, who, by an order dated 11.12.2020 in has rejected the said revision.

(2.) Heard learned advocate Mr. Kurven Desai on behalf of learned advocate Ms. Urja Dave for the petitioner and learned APP Ms. Shruti Pathak on behalf of the respondent - State through video conference. Factual Matrix of the case:

(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.