JOHERBHAI MURADBHAI ANSARI Vs. STATE OF GUJARAT
LAWS(GJH)-2020-12-94
HIGH COURT OF GUJARAT
Decided on December 04,2020

Joherbhai Muradbhai Ansari Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

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


JUDGEMENT

- (1.)The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 226 and 227 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 17.03.2018 in Criminal Revision Application No. 44 of 2018 passed by the learned Additional Sessions Judge, City Session Court No. 18, Ahmedabad and also quash and set aside order passed by the learned Chief Metropolitan Magistrate Court, Ahmedabad and to release the muddamal vehicle- Motorbike bearing RTO registration No. GJ-01-EX-8774 in connection with the FIR being I- CR. No. 6171 of 2017 before the Sardarnagar Police Station, Ahmedabad City for the offence punishable under Sections 66(B), 65(A)(E), 116-B, 81 and 98(2) of the Gujarat Prohibition Act.
(2.)Heard learned advocate Mr. Jagat V. Patel for the petitioner and learned APP Ms. Maithili Mehta 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 Motorbike bearing RTO registration No. GJ-01-EX-8774. 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.


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