RAMANBHAI HIRABHAI BARIA Vs. STATE OF GUJARAT
LAWS(GJH)-2020-12-1485
HIGH COURT OF GUJARAT
Decided on December 08,2020

Ramanbhai Hirabhai Baria Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

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


JUDGEMENT

B.N. Karia, J. - (1.)The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Section 227 of the Constitution of India so also inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to release Muddamal Vehicle i.e Bajaj Discover Bike bearing Registration No. GJ-17-AF-3012.
(2.)It is the case of the petitioner that petitioner is the owner of the aforesaid vehicle and it is duly registered with the transport department of the Government. He is, therefore, before this Court.
(3.)The case of the prosecution is that while the police personnels were on patrolling, they received a secret information of the vehicle in question carrying liquor and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying liquor without any pass or permit. Therefore, an FIR being C.R. No.11207055200119 of 2020 came to be lodged with Rajgadh Police Station for the offence under the Prohibition Act.


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