RAYSINGHBHAI DIVALIYABHAI BHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition, seeking inter-alia to invoke extraordinary jurisdiction of this Court under Articles 14 and 226 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. Honda Motorcycle Shine bearing RTO registration No. GJ-34-L-0409.

(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.11184009220773 of 2022 came to be lodged with Sankheda Police Station, Chhota-Udepur for the offence punishable under the Prohibition Act .