Ashokkumar C. Joshi,J. - (1.)The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Articles 226 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 passed by the learned Principal District and Sessions Judge, Valsad in Criminal Revision Application No. 42/2020 dated 15.10.2020 confirming the order passed by the learned Judicial Magistrate First Class, Valsad, and thereby prayed to release the muddamal vehicle Maruti Ertiga ZDI Car bearing Registration No. GJ 05 JC - 7209 in connection with the FIR No. III CR 135/2019 registered with Dungari Police Station, District Valsad for the offences under the Gujarat Prohibition Act.
(2.)Heard learned advocate Mr. K.H.Daiya for the petitioner and learned APP Ms. Maithili Mehta on behalf of the Respondent State of Gujarat through video conference.
Rule. Learned APP waives services of notice of Rule on behalf of the Respondent State of Gujarat.

Factual Matrix of the case:

(3.)It is the case of the petitioner that the petitioner is the owner of muddamal vehicle. 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.