PRAKASHPURI SHANKARBHAI GAUSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 19, 21, 226 and 227 of the Constitution of India and inherent powers under section 482 of the Criminal Procedure Code, 1973 (Code) seeking to quash and set side the order dated 19.09.2020, passed by the learned 4th Additional Sessions Judge, Deesa in Criminal Revision Application No. 83 of 2020 whereby, the learned Sessions Judge was pleased to confirm the order dated 05.09.2020, passed by the learned Judicial Magistrate First Class, Dhanera, rejecting the Muddamal Application and to release the muddamal vehicle - Maruti Suzuki Eeco Car, bearing RTO registration No. GJ-08-BB-4878 in connection with the FIR being C. R. No. 11195018200690 of 2020, registered before the Dhanera Police Station, Dist. Banaskantha for the offence punishable under Sections 65(A)(E), 116B, 81, 99 and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Nirav K. Padhiyar for the petitioner and learned APP Mr. Manan Mehta on behalf of the respondent - State through video conference.

(3.) As per the allegations made in the FIR, liquor worth Rs.13,704/- was found in the muddamal vehicle. It is the case of the petitioner that he is the owner of the muddamal vehicle in question. It is further the case of the petitioner that the learned Courts below have rejected the release of muddamal applications, only because of restriction under Section 98(2) of the Prohibition Act and if the muddamal vehicle would lie at the police station for more time, there will be physical damage to it and therefore, interference of this Hon'ble Court is required in the interest of justice. It is submitted that otherwise, the petitioner has no antecedents.