JUDGEMENT
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(1.)Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State.
The petitioner has preferred this petition, seeking inter-alia to invoke extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 with a prayer to release Muddamal Vehicle i.e. Ape Xtra LDX Piaggio Vehicle bearing RTO registration No.GJ-05-CT-4022.
(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 personnel 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.11214020212245 of 2021 came to
be lodged with Kamrej Police Station, Dist.-Surat for the offence punishable
under the Prohibition Act .
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