LAWS(GJH)-2024-3-114

KIRANKUMAR Vs. STATE OF GUJARAT

Decided On March 07, 2024
Kirankumar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Though served, none present on behalf of the respondent No.2. RULE. Learned APP waives notice of rule for and on behalf of the respondents. 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. Motorcycle bearing RTO registration No.GJ-20-BB-5891 .

(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 C.R. No.11821035230181 of 2023 registered with Limkheda Police Station, District : Dahod for the offence punishable under the Prohibition Act.

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