HIMATSINGH DIPSINGH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 14 and 226 of the Constitution of India and inherent powers under section 482 of the Criminal Procedure Code, 1973 (Code) to release the muddamal vehicle - Mahindra and Mahindra Verito Car, bearing RTO registration No. GJ-08-R-6975, in connection with the FIR being III-C.R. No. 267 of 2019, registered before the Harij Police Station, Dist.: Patan for the offence punishable under Sections 65(A)(E), 67-1A, 116B, 81 and 98(2) of the Prohibition Act.

(2.) Heard learned advocate Mr. Nirav K. Padhiyar for the petitioner and learned APP Mr. L. B. Dabhi on behalf of the respondent - State through video conference. Factual Matrix of the case:

(3.) The learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was liquor worth Rs.34,671/- found in the muddamal vehicle. It is the case of the petitioner that the petitioner is the owner of the muddamal vehicle. The muddamal vehicle in question is duly registered with the transport department of the government and the petitioner is the only claimant seeking the custody of the said muddamal vehicle.