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2020 Supreme(Guj) 558

B.N.KARIA
Ranjitbhai Ishvarbhai Chunara (Vaghela) – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bharatkumar K. Vizoda.
For the Respondent: Ms. M.H. Bhatt.

ORDER :

1. Rule returnable forthwith. Learned APP waives service of notice of rule of rand on behalf of respondent-State.

2. The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Section 227 of the Constitution of India so also inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973.

3. This application has been preferred seeking release of Muddamal Vehicle i.e. Motor Cycle Splendor bearing Registration No. GJ-38-AB-1757.

4. It is the case of the petitioner that he 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.

5. The case of the prosecution is that while the police personnel 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 owner was found carrying liquor without any pass or permit. Therefore, an FIR being Prohibition C.R. No. 126 of 2019 came to be lodged with Sanand Police Station, District Ahmedabad for

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