- (1.)The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Art. 226 and supervisory jurisdiction under Art. 227 of the Constitution of India so also inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 with a prayer to release Muddamal Vehicle i.e. Honda Activa bearing RTO registration No.GJ- 05-PA-7800.
(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.III-13 of 2019 came to be lodged with Kim Police Station, Dist: Surat Rural for the offence punishable under the Prohibition Act .