AMENA NIJAMUDDIN SAIYED Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Amena Nijamuddin Saiyed
STATE OF GUJARAT
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(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, mainly supervisory jurisdiction so also
inherent powers under Section 482 of the Code of Criminal
Procedure to quash and set aside the order dated 22.09.2020 in
Criminal Revision Application No. 72 of 2020 passed by the
learned 3rd Additional Sessions Judge, Valsad at Vapi and also
quash and set aside order dated 06.11.2019 passed by the
learned Additional Chief Judicial Magistrate, Vapi and to release
the muddamal vehicle- Maruti Suzuki Ind. Ltd. Omni E BS4 Car
bearing RTO registration No. GJ-15-AD-3558 in connection with
the FIR being CR. No. III - 250 of 2019 before the Vapi Town Police
Station, District- Valsad for the offence punishable under Sections
65(A)(E), 81 and 98(2) of the Gujarat Prohibition Act.
(2.) Heard learned advocate Mr. K. T. Beladiya for the petitioner and learned APP Mr. Manan Mehta on behalf of the Respondent
State of Gujarat through video conference.
Factual Matrix of the case:
(3.) It is the case of the petitioner that the petitioner is the owner of Maruti Suzuki Ind. Ltd. Omni E BS4 Car bearing RTO
registration No. GJ-15-AD-3558. It is the case of the petitioner
that the learned Courts below have rejected release of muddamal
applications, only because of restriction under Section 98(2) of
the Prohibition Act but if the 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 and
therefore, this Court may please to allow this application in the
interest of justice.;
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