ILIYAS HUSAIN MADARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of 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 quash and set aside the order dated 18.08.2020 in Criminal Revision Application No. 13 of 2020 passed by the learned Sessions Judge, Navsari and also quash and set aside order dated 03.02.2020 passed by 2nd Additional Chief Judicial Magistrate, Navsari, and to release the muddamal Truck bearing RTO registration No. GJ?17?UU?4160 in connection with the FIR being CR. No. III ? 11822021200013 of 2020 before the Navsari Rural Police Station, District? Navsari for the offence punishable under Sections 65(A)(E), 98(2), 81 and 116B of the Gujarat Prohibition Act.

(2.) Heard learned advocate Mr. Tanmay B. Karia for the petitioner and learned APP Mr. H. K. Patel 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 Truck bearing RTO registration No. GJ?17?UU?4160. It is the case of the petitioner that the learned Courts below have rejected release of muddamal applications, only because of restriction under Section 98(2) of the Prohibition Act but if the 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 and therefore, this Court may please to allow this application in the interest of justice.