Decided on December 10,2020

Dharmeshbhai Mahendrabhai Rajput Appellant


- (1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India and inherent powers under section 482 of the Criminal Procedure Code, 1973 (Code) seeking to release the muddamal vehicle - Maruti Baleno Zeta Car, bearing RTO registration No. GJ-06-PB-8648 in connection with the FIR being C.R. No. 11196027200381 of 2020, registered before the Karelibaug Police Station, Vadodara City Dist. Vadodara for the offence punishable under Sections 65(E), 81 and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred Criminal Misc. Application No. 2307 of 2020 before the learned 9th Additional Judicial Magistrate First Class, Vadodara, who, by order dated 23.09.2020 rejected the said application against which, the petitioner preferred Criminal Revision Application No. 131 of 2020 before the learned 2nd Additional District and Sessions Judge, Vadodara, who, by order dated 17.10.2020 confirmed the order of the learned Magistrate.
(2.) Heard learned advocate Mr. J. P. Pandav for the petitioner and learned APP Mr. L. B. Dabhi on behalf of the respondent - State through video conference. 2.1 Rule, returnable forthwith. Learned APP waives service for the respondent - State. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today. Factual Matrix of the case:
(3.) As per the allegations made in the FIR, contraband liquor worth Rs.33,200/- was found with the muddamal vehicle. It is the case of the petitioner that the petitioner is the owner of the muddamal vehicle in question. It is further the case of the petitioner that the learned Courts below have rejected the release of muddamal applications, only because of restriction under Section 98(2) of the Prohibition Act and if the muddamal vehicle would lie at the police station for more time, there will be physical damage to it and therefore, interference of this Hon'ble Court is required in the interest of justice. It is submitted that otherwise, the petitioner has no antecedents. 3.1 It is contended that the muddamal vehicle was seized by the police as the liquor was found in the muddamal vehicle and the offence, as aforesaid, came to be registered. 3.2 It is also contended that the petitioner has purchased the muddamal vehicle with aforesaid registration number. That, at present the said vehicle is lying at the police station in abandoned condition. It is also contended that learned trial Court had rejected the muddamal application and thereafter, the learned Sessions Judge also confirmed the said order and therefore, the present petition is filed with a prayer to set aside the orders passed by the learned Courts below and also prayed for releasing the aforesaid muddamal vehicle. 3.3 The learned advocate for the petitioner time and again vehemently submitted that the Coordinate Bench passed the order in favour of the petitioner in identical cases. Further learned advocate for the petitioner has placed reliance upon the judgments of Coordinate Bench (1) in case of Ritesh Bishmber Agrawal vs. State of Gujarat in Special Criminal Application No. 5533 of 2018 order dated 18.01.2019, (2) in case of Ganibhai Yusufbhai Jamroth vs. State of Gujarat in Special Criminal Application No. 2776 of 2020 order dated 07.07.2020, (3) in case of Ranjitbhai Ishvarbhai Chunara (Vaghela) vs. State of Gujarat in Special Criminal Application No. 7631 of 2019 order dated 12.06.2020, (4) in case of Zala Mahendrasinh Kirtisinh vs. State of Gujarat in Special Criminal Application No. 2717 of 2020 order dated 26.06.2020, (5) in case of Prajapati Rajendrakumar Rameshbhai Vs. State of Gujarat in Special Criminal Application No. 2692 of 2020 order dated 14.07.2020 and also placed reliance upon the judgment delivered by the Hon'ble Apex Court in case of Sunderbhai Ambalal Desai Vs. State of Gujarat, AIR 2003 SC 638.;

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