MALEK ASIF YUSUFMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Articles 226 and 227 of the Constitution of India, mainly supervisory jurisdiction to release the muddamal vehicle- Mahindra and Mahindra Ltd. Bolero Maxitruck Plus 1.2T PS bearing RTO registration No. GJ-35-T-1922 in connection with the FIR being CR No. 11198066200003 of 2020 registered with Velavadar Bhal Police Station, District - Bhavnagar for the offence punishable under Sections 65(A)(E), 116-B, 98(2) and 81 of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. V. N. Bhamare 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 vehicle Mahindra and Mahindra Ltd. Bolero Maxitruck Plus 1.2T PS bearing RTO registration No. GJ-35-T-1922. The petitioner is doing business and doing legal activities for earning his livelihood and the vehicle was seized in prohibition Case registered with the aforesaid Police Station. It is also 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.