UDESING MAGANJI SOLANKI 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 and inherent powers under section 482 of the Criminal Procedure Code, 1973 (Code) seeking to release the muddamal vehicle - Auto Rickshaw bearing RTO registration No. GJ-08-AT-7293 in connection with the FIR being III-C.R. No. 270 of 2019, registered before the Gadh Police Station, Taluka: Palanpur District - Banaskantha for the offence punishable under Sections 65(E) and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred Muddamal Application before the learned Judicial Magistrate First Class, Palanpur, who, by an order dated 07.10.2019 rejected the said application, against which, the petitioner preferred Criminal Revision Application No. 02 of 2020 before the learned 4th Additional Sessions Judge, Banaskantha at Palanpur who, by an order dated 27.01.2020 also rejected the said revision.

(2.) Heard learned advocate Mr. Prakash G. Pandya 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, country made liquor worth Rs.800/- 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.