SANWARLAL MOHANLAL KUMHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India with a prayer to release Muddamal Vehicle i.e CAR- OMINI E MPI STD. BSIV (Make- MARUTI SUZUKI INDIA LTD) bearing RTO registration No.GJ-05-RF-4214; Chassis No.MA3EVB11S01890683 and Engine No.F8BINS117385.

(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 III C.R. No.617 of 2019 came to be lodged with Palsana Police Station, Dist-Surat Rural for the offence punishable under the Prohibition Act.