SAMIRBHAI MAHEBUBBHAI PATHAN Vs. STATE OF GUJARAT
LAWS(GJH)-2020-10-70
HIGH COURT OF GUJARAT
Decided on October 13,2020

Samirbhai Mahebubbhai Pathan Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

Ashokkumar C. Joshi, J. - (1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India to quash and set aside the order dated 07.08.2020 passed by the learned 5th Additional Civil Judge and Judicial Magistrate First Class, Surat in muddamal application and the order dated 02.09.2020, passed by the learned 5th Additional Sessions Judge, Surat in Criminal Revision Application No. 168/2020 and to release the muddamal vehicle - Honda Activa, bearing RTO registration No. GJ-05-NR-1227, in connection with the FIR being III-C.R. No. 325 of 2017, registered before the Chowk Bazaar Police Station, Surat City for the offence punishable under Sections 65(A)(E), 81, 116(C) and 98(2) of the Prohibition Act.
(2.) Heard learned advocate Mr. Rafik Lokhandwala for the petitioner and learned APP Mr. H. K. Patel on behalf of the respondent - State through video conference. Factual Matrix of the case:
(3.) The learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was liquor worth Rs.14,400/- found in the muddamal vehicle. It is further the case of the petitioner that he is the owner of the muddamal vehicle. It is submitted 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. He submitted that otherwise the petitioner is neither named in the FIR nor has any antecedents. 3.1 It is contended that the muddamal vehicle was seized by the police as the liquor was found in the same 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 Courts below have rejected the muddamal applications and therefore, the present petition is filed with a prayer to set aside the said orders and to release 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, 2003 AIR(SC) 638. ;


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