RAKESH KISHNA RAM BABAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for quashing and setting aside Notice with Ref. No.5004435902 issued by respondent No.2 - TATA Motors Finance Ltd, and issuance of direction, directing respondent No.2 to immediately release and handover the custody of vehicle being TATA Tempo RTO registration No.PB-03-BK-6029 on such terms and conditions as deemed fit and necessary.

(2.) The petitioner was an accused in the offence being FIR C.R.No.11214023230749 of 2023 registered with Kadodara GIDC Police Station, Surat Rural, for the offence under Ss. 65(e), 98(2), 81, 116B of the Gujarat Prohibition Act.

(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, the impugned FIR is filed and vehicle in question being TATA Tempo No.PB-03-BK-6029 came to be seized.