RIYAZKHAN MEHBUBKHAN PATHAN Vs. STATE OF GUJARAT
LAWS(GJH)-2020-10-122
HIGH COURT OF GUJARAT
Decided on October 21,2020

Riyazkhan Mehbubkhan Pathan 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- Toyota Fortuner Car bearing RTO registration No. GJ-10-AP-2233 in connection with the FIR being CR NO. III- 337 of 2019 registered with Malaviyanagar Police Station, District - Rajkot City for the offence punishable under Sections 65(E), 98(2) and 116B of the Gujarat Prohibition Act.
(2.)Heard learned advocate Mr. Bhavin S. Raiyani 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 Toyota Fortuner Car bearing RTO registration No. GJ-10-AP-2233. The petitioner is doing business and doing legal activities for earning his livelihood and the said vehicle has been used by other accused who is the fried of the present petitioner and the vehicle was seized in prohibition Case registered with Pardi 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.
3.1 Earlier petitioner has filed an application being Criminal Revision Application No. 74 of 2020 before the learned 7th Additional Sessions Judge, Rajkot for releasing muddamal but same came to be rejected.



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