HIRABHAI PUNJABHAI BHARAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Articles 226 and 227 of the Constitution of India, mainly supervisory jurisdiction so also inherent powers under Sec. 482 of the Code of Criminal Procedure to release the muddamal vehicle- Two wheeler Hero HF Delux DRK bearing RTO registration No. GJ-11-BL-9880 in connection with the FIR No.11203004200958 of 2020 registered with 'C' Division Police Station, District - Junagadh for the offence punishable under Ss. 65(E), 81, 98(2) and 116B of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Sandip M Patel for the petitioner and learned APP Ms. CM Shah on behalf of the Respondent State of Gujarat through video conference. Factual Matrix of the case:

(3.) It is the case of the petitioner is the owner of Two wheeler Hero HF Delux DRK bearing RTO registration No. GJ-11-BL- 9880. It is the case of the petitioner that the learned Court below has rejected release of muddamal application, only because of restriction under Sec. 98(2) of the Prohibition Act but vehicle lying at the Police Station for more time, otherwise there will be physical damage to it, therefore interference of this Hon'ble Court is required and therefore, this Court may please to allow this application in the interest of justice.