ARPANKUMAR MAHESHBHAI VASAVA 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 and also under Section 451 of the Code of Criminal Procedure to quash and set aside the order passed by the learned 7th Additional Civil Judge and Judicial Magistrate First Class, Vadodara in Criminal Miscellaneous Application No. 2544 of 2020 dated 16.10.2020, and thereby prayed to release the muddamal vehicle - EECO Car bearing Registration No. GJ-06-HS-7838 in connection with the FIR being 11196009200627 of 2020 registered with Jawaharnagar Police Station, Vadodara City for the offences under the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Manish J. Patel for the petitioner and learned APP Mr. H.K.Patel 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.