RATHOD NITESHBHAI ARJANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India and inherent powers under section 482 of the Criminal Procedure Code, 1973 (Code) seeking to quash and set aside the order dated 02.12.2020 passed by the learned I/c. 3rd Additional Chief Judicial Magistrate, Rajkot in Muddamal Application and the judgment and order dated 14.12.2020, passed by the learned I/c. 13th Additional Sessions Judge, Rajkot in Criminal Revision Application No. 127/2020, whereby, the learned Courts below rejected the applications filed by the petitioner for release of muddamal and further, to release the muddamal vehicle Hero Maestro motorcycle, bearing RTO registration No. GJ-03-KN-3490 in connection with the FIR being C.R. No. III 274 of 2019, registered before the Bhaktinagar Police Station, Dist. Rajkot City for the offence punishable under Sections 65(E) and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. N. C. Sanghavi 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, desi liquor worth Rs.1,000/- 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.