AMENA NIJAMUDDIN SAIYED Vs. STATE OF GUJARAT
LAWS(GJH)-2020-12-400
HIGH COURT OF GUJARAT
Decided on December 03,2020

Amena Nijamuddin Saiyed Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (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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