YASH MAHESHBHAI DEVMURARI 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, 21, 226 and 227 of the Constitution of India and inherent powers under section 482 of the Criminal Procedure Code, 1973 (Code) seeking to release the muddamal vehicle Maruti Suzuki Wagon R VXI, four wheeler car, bearing RTO registration No. GJ-12-DM-2963 in connection with the FIR being C.R. No. 11993007200380 of 2020, registered before the 'B' Division Police Station, Gandhidham, Dist. Kachchh (East), Gandhidham for the offence punishable under Sections 65(A)(E), 116B, 81 and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred a muddamal application before the learned 2nd Additional Civil Judge and Judicial Magistrate First Class, Gandhidham-Kachchh, who, by an order dated 21.08.2020, against which, the petitioner preferred Criminal Revision Application No. 25/2020 before the learned Additional Sessions Judge, Gandhidham-Kachchh, who, by judgment and order dated 28.10.2020 was pleased to confirm the order of the learned trial Court.

(2.) Heard learned advocate Ms. Gayatriba Jadeja 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.21,000/- 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.