MANOJBHAI RAMANBHAI PATEL Vs. STATE OF GUJARAT
LAWS(GJH)-2020-9-747
HIGH COURT OF GUJARAT
Decided on September 29,2020

Manojbhai Ramanbhai Patel 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- Chevrolet Cruze LTZ BS4 bearing RTO registration No. DN-09-H-2555 in connection with the FIR being CR NO. III- 118 of 2018 registered with Dharampur Police Station, District Valsad for the offence punishable under Sections 65(A)(E), 98(2) of the Gujarat Prohibition Act.
(2.) Heard learned advocate Mr. Valimohammed Pathan for the petitioner and learned APP Mr. H. K. Patel 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 vehicle Chevrolet Cruze LTZ BS4 bearing RTO registration No. DN-09- H-2555. It is 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.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.