LAWS(GJH)-2023-6-2018

RAJENDRAPRASAD GOPALLAL SUTHAR Vs. STATE OF GUJARAT

Decided On June 22, 2023
Rajendraprasad Gopallal Suthar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule. Learned APP waives service of Rule on behalf of respondent-State.

(2.) 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. - XENON PICKUP bearing Registration No. GJ-03-AX-4384 on suitable terms and conditions.

(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 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.11200011221675 was registered with Valsad Rural Police Station for the offence punishable under the Gujarat Prohibition Act.