DATTADARI HARIBHAI CHAUHAN Vs. STATE OF GUJARAT
LAWS(GJH)-2022-8-454
HIGH COURT OF GUJARAT
Decided on August 05,2022

Dattadari Haribhai Chauhan Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

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


JUDGEMENT

- (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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