SALAM MALSINGH JAMRA Vs. STATE OF GUJARAT
LAWS(GJH)-2020-12-912
HIGH COURT OF GUJARAT
Decided on December 02,2020

Salam Malsingh Jamra Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

Ashokkumar C. Joshi,J. - (1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Articles 226 and 227 of the Constitution of India, mainly supervisory jurisdiction to release the muddamal vehicle- Mahindra Bolero Motor Car bearing RTO registration No. MP-09-CG-6576 in connection with the FIR being CR No. III 385 of 2019 registered with Waghodia Police Station, District Vadodara (Rural) for the offence punishable under Sections 65(A)(E) and 98(2) of the Gujarat Prohibition Act.
(2.) Heard learned advocate Mr. Imtiyaz I. Mansuri for the petitioner and learned APP Ms. Maithili Mehta on behalf of the Respondent State of Gujarat through video conference. 2.1 Rule returnable forthwith. Learned APP Ms. Maithili Mehta waives service of notice of rule for the Respondent State. Factual Matrix of the case:
(3.) It is the case of the petitioner that the petitioner is the owner of vehicle Mahindra Bolero Motor Car bearing RTO registration No. MP-09-CG-6576. The petitioner is doing business and doing legal activities for earning his livelihood and the vehicle was seized in prohibition Case registered with the aforesaid Police Station. It is also submitted that by virtue of provisions of Section 98 of the Prohibition Act, there is clear embargo for handing over the custody of the vehicle used in the offence pending the trial and if the vehicle is lying at the Police Station for more time, there will be physical damage to it, therefore interference of this Hon'ble Court is required and therefore, this Court may be pleased to allow this application in the interest of justice.;


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