MOHAMMED ASIK NAJIROODEEN MALEK 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, particularly supervisory jurisdiction and under the provisions of Sections 451, read with Section 482 of the Criminal Procedure Code, 1973, to release the muddamal vehicle Bajaj Auto, bearing RTO registration No. GJ-23-AU-2020 in connection with the FIR being II-C.R. No. of 115 of 2019, registered before the Fatehganj, Police Station, District-Vadodara(City) for the offence punishable under Sections 6B(3) (2), 8(2), 8(4), 6A(4)(3) of the Animal Preservation Act and under Sections 429 and 114 of the IPC.

(2.) Heard learned advocate Mr. Minhaj Shaikh for the petitioner and learned APP Ms. Maithili Mehta on behalf of the respondent - State video conference.

(3.) It is the case of the petitioner that he is the owner of the muddamal Vehicle in question. It is further the case of the petitioner that 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 as there is no prima facie case against the petitioner.