ABUBAKAR RIZWAN MALKANI Vs. STATE OF GUJARAT
LAWS(GJH)-2020-10-131
HIGH COURT OF GUJARAT
Decided on October 21,2020

Abubakar Rizwan Malkani 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 14, 226 and 227 of the Constitution of India, mainly supervisory jurisdiction to release the muddamal vehicle Mahindra & Mahindra Bolero Maxi Pick up bearing RTO registration No. MH-48-T-8737 in connection with the FIR being CR NO. III- 231/2019 registered with Lalgate Police Station, Surat City District - Surat for the offence punishable under Sections 65(A)(E), 81, 98(2) and 116(1)(b) of the Gujarat Prohibition Act.
(2.)Heard learned advocate Mr. K.T Beladiya for the petitioner and learned APP Mr. HK 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 Mahindra & Mahindra Bolero Maxi Pick up bearing RTO registration No. MH-48-T-8737. 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.


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