ISHVAR KARSHAN GADHAVI 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 to release the muddamal vehicle Mahindra Bolero Pick Up bearing RTO registration No. GJ-12-BT-4763, in connection with the FIR being III-C.R. No. 920 of 2019, registered before the City 'C' Division Police Station, Dist.: Jamnagar for the offence punishable under Sections 65(E), 116B and 98(2) of the Prohibition Act.

(2.) Heard learned advocate Mr.Makbul I Mansuri for the petitioner and learned APP Ms Maithali Mehta on behalf of the respondent - State through video conference.

(3.) The learned advocate for the petitioner submitted that as per the allegations made in the FIR, liquor found in the muddamal vehicle. It is the case of the petitioner that the petitioner is the owner of the muddamal vehicle. The muddamal vehicle in question is duly registered with the transport department of the government and the petitioner is the only claimant seeking the custody of the said muddamal vehicle.