RAFIQBHAI MAJIDBHAI MEMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 14, 19, 226 and 227 of the Constitution of India seeking to quash and set aside order dated 10.12.2020 passed in Muddamal Application by the learned Judicial Magistrate First Class, Dabhoi and to release the muddamal vehicle - SUZUKI EECO CAR bearing RTO registration No. GJ-06-PA-4451 in connection with the FIR being C.R. No. - 11197014201227 of 2020, registered before the Dabhoi Police Station, Vadodara (Rural) for the offence punishable under Sections 65(a), 65(e), 81 and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr.Shakeel A Quereshi for the petitioner and learned APP Ms.Maithili Mehta on behalf of the respondent - State through video conference.

(3.) As per the allegations made in the FIR, liquor worth Rs.39,800/- 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.