LAWS(GJH)-2023-4-31

AMIT MUKESHBHAI CHAUHAN Vs. STATE OF GUJARAT

Decided On April 10, 2023
Amit Mukeshbhai Chauhan Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner has sought invocation of the extra-ordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India so also the inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 with a prayer to release the muddamal vehicle being TATA MOTORS LTD. LPT 2515 (Truck) bearing Registration No. GJ-12-Z-4061 on suitable terms and conditions.

(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 prohibited liquor. When they intercepted and searched the vehicle, it was found to be carrying prohibited liquor, without any pass or permit. Therefore, a complaint being FIR No.11205031210905 was registered with Mandvi Police Station for the offence punishable under the Gujarat Prohibition Act.

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