LAWS(GJH)-2018-10-50

SHANKARBHAI BHALABAHI MALI Vs. STATE OF GUJARAT

Decided On October 04, 2018
Shankarbhai Bhalabahi Mali Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Rule. The learned Assistant Government Pleader waives service of rule for and on behalf of the respondent - State.

(2.) The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs:-

(3.) It is the case of the petitioner that the petitioner is a permanent resident of District - Vadodara and there is an offence registered against him in the form of First Information Report being CR No. III-272 of 2018 on 27.07.2018 for the offence punishable under the Prohibition Act. The said FIR has been registered before Chhani Police Station. It is the case of the petitioner that Chhani Police Station received an information that some people are distributing prohibited liquor stock in the area. As a result of this, the police personnel has raided the premises and from the spot, the police authority arrested one person named Vinodbhai Vijaybhai Giri Goswami i.e. original accused no. 1. It is the case of the petitioner that the petitioner has nothing to do with the alleged offence. There was a previous offence registered against him in the year 2017 for which criminal trial is pending before the concerned Court. The petitioner on account of the aforesaid solitary offence lodged in 2018 is apprehending the arrest. As a result of this the petitioner has invoked extra-ordinary jurisdiction under Article 226 of the Constitution of India.