LAWS(GJH)-2023-4-784

ANITABEN ASHOKBHAI MAKWANA Vs. STATE OF GUJARAT

Decided On April 27, 2023
Anitaben Ashokbhai Makwana 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 Activa 6G DLX (Colour Black) bearing R.T.O. Registration No.GJ-03-LN-1668 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.11208002220911 of 2022 was registered with Ajidem Police Station, Rajkot for the offence punishable under the Gujarat Prohibition Act.