RAMESHBHAI SHIVAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Articles 226 and 227 of the Constitution of India, mainly supervisory jurisdiction so also inherent powers under Section 482 of the Code of Criminal Procedure to release the muddamal vehicle- Bajaj Autorikshaw bearing RTO registration No. GJ-08-AT-9455 in connection with the FIR No. 11195018200610 of 2020 registered with Dhanera Police Station, District -Banaskantha for the offence punishable under Sections 65(A)(E), 81, 98(2), 99 and 116B of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Nirav K Padhiyar for the petitioner and learned APP Ms. Moxa Thakkar on behalf of the Respondent State of Gujarat through video conference.

(3.) It is the case of the petitioner that the petitioner is the owner of the Bajaj Company Auto Rikshaw being No. GJ-08-AT-9455. It is the case of the petitioner that the learned Court below has rejected release of muddamal application, only because of restriction under Section 98(2) and 99 of the Prohibition Act but vehicle lying at the Police Station for more time, otherwise there will be physical damage to it, therefore interference of this Hon'ble Court is required, and therefore, this Court may please allow this application in the interest of justice.