(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 14, 19(1) (g), 21, 226 and 227 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 16.07.2020, passed by the learned Judicial Magistrate First Class, Porbandar in Muddamal Application and the judgment and order dated 11.12.2020, passed by the learned Principal District and Sessions Judge, Porbandar in Criminal Revision Application No. 13/2020, whereby, the learned Courts below have rejected the applications for release of muddamal, and with a further prayer to release the muddamal vehicle - Hero Splendor+ motorcycle, bearing RTO registration No. GJ-25-AB- 5360 in connection with the FIR being C.R. No. III-315 of 2019, registered before the Harbour Marine Police Station, Dist. Porbandar for the offence punishable under Sections 65(E), 66(1)B, 81, 83, 116B, 99 and 98(2) of the Gujarat Prohibition Act.
(2.) Heard learned advocate Mr. I. I. Mansuri for the petitioner and learned APP Ms. Shruti Pathak on behalf of the respondent - State through video conference.
(3.) As per the allegations made in the FIR, liquor worth Rs.19,26,000/- 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.