PRATAPBHAI ALKUBHAI BHAGORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 19(1)(g), 141 and 226 of the Constitution of India and inherent powers under section 482 of the Criminal Procedure Code, 1973 (Code) to release the muddamal vehicle - Mahindra Bolero Maxi Truck PLU, bearing RTO registration No. GJ-27-X-5483, in connection with the FIR being C.R. No. 11211009200034 of 2020, registered before the Chotila Police Station, Dist.: Surendranagar for the offence punishable under Sections 65(A)(E), 116B, 81, 83 and 98(2) of the Prohibition Act and sections 465 and 471 of the Indian Penal Code, 1860 (IPC).

(2.) Heard learned advocate Mr. K. S. Chandrani for the petitioner and learned APP Ms. Maithili 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, there was liquor worth Rs.19,63,800/- 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.