RAMESHJI SHAKRAJI THAKOR Vs. STATE OF GUJARAT
LAWS(GJH)-2020-11-89
HIGH COURT OF GUJARAT
Decided on November 27,2020

Rameshji Shakraji Thakor 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 petition seeking to invoke extra ordinary jurisdiction of this Court under Article 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 dated 22.10.2020 in Criminal Revision Application No. 17 of 2020 passed by the learned 2nd Additional Sessions Judge, Kalol, at Mahesana and also quash and set aside order dated 01.10.2020 passed by Judicial Magistrate First Class, Kalol in muddamal Application No. 286/2020 and to release the muddamal vehicle- Maruti Suzuki India Ltd Ecco 5 Star with A/c HTR BSIV bearing RTO registration No. GJ-02-BH-1005 in connection with the FIR being CR. No. 11216022200459 of 2020 before the Kalol Taluka Police Station, Dist- Gandhinagar for the offence punishable under Sections 65(E), 81, 98(2) of the Gujarat Prohibition Act.
(2.)Heard learned advocate Mr. Nishit H. Shah for the petitioner and learned APP Mr. Manan Mehta on behalf of the Respondent State of Gujarat through video conference.
2.1 Rule. Learned APP 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 Maruti Suzuki India Ltd Ecco 5 Star with A/c HTR BSIV bearing RTO registration No. GJ-02-BH-1005. It is the case of the petitioner that the learned Courts below have rejected release of muddamal applications, only because of restriction under Section 98(2) of the Prohibition Act but if the 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 and therefore, this Court may please to allow this application in the interest of justice.


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