ARVINDBHAI NATUBHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives Rule for the Respondent State. The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India so also inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 with a prayer to release Muddamal Vehicle i.e Mahindra Bolero Pick up truck bearing registration No. GJ 34 T 1469.

(2.) 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 Prohibition C.R. No. 11197014221991 of 2022 came to be lodged with Dabhoi Police Station, Dist. Vadodara Rural, for the offence punishable under the Prohibition Act .

(3.) Heard learned advocate for the petitioner and learned APP for the respondent State.