AMITBHAI KISHANBHAI CHUNARA Vs. STATE OF GUJARAT
LAWS(GJH)-2020-12-816
HIGH COURT OF GUJARAT
Decided on December 15,2020

Amitbhai Kishanbhai Chunara Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT [REFERRED TO]


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- Bajaj Auto Eco Green Three Wheeler Auto Rickshaw bearing RTO registration No. GJ-27-TA-7391 in connection with the FIR being CR No. 11191015201046 of 2020 registered with Nikol Police Station, District Ahmedabad (City) for the offence punishable under Sections 66(2), 65(E), 81 and 98(2) of the Gujarat Prohibition Act.
(2.)Heard learned advocate Mr. Sanjay Prajapati for the petitioner and learned APP Mr. L. B. Dabhi 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 Bajaj Auto Eco Green Three Wheeler Auto Rickshaw bearing RTO registration No. GJ-27-TA-7391. 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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