CHUNARA SUNIL BHAILALBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition, seeking inter-alia to invoke extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 with a prayer to release Muddamal Vehicle i.e. Bajaj Auto Rickshaw bearing RTO registration No.GJ-01-TE-7157.

(2.) It is the case of the petitioner that petitioner is the owner of the aforesaid vehicle and it is duly registered with the transport department of the Government. He is, therefore, before this Court.

(3.) The case of the prosecution is that while the police personnel were on patrolling, they received a secret information of the vehicle in question carrying liquor and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying liquor without any pass or permit. Therefore, an FIR being C.R. No.11192002220210 of 2022 came to be lodged with Aslali Police Station, Ahmedabad for the offence punishable under the Prohibition Act .