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2021 Supreme(Guj) 669

ASHOKKUMAR C.JOSHI
LINEN RUGS THRO JASWANT LAHNA SINGH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : CHINTAN U PATEL
For The Respondent: MS CM SHAH, APP.

JUDGMENT :

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 r/w. section 482 of the Criminal Procedure Code, 1973 (“the Code” for short) to release the muddamal vehicle being Toyota Innova Car, bearing RTO registration No. HR-06-AE-2606, in connection with the FIR being III-C.R. No. 192 of 2019, registered before the Damavav Police Station, Dist.: Panchmahals for the offence punishable under Sections 65(A)(E), 66(2), 81, 82 and 98(2) of the Prohibition Act.

2. Heard learned advocate Mr. Chintan Patel for the petitioner and learned APP Ms. C. M. Shah on behalf of the respondent - State.

Factual Matrix of the case:

3. The learned advocate for the petitioner submitted that as per the allegations made in the FIR, there was liquor worth Rs.6,03,620/- found in the muddamal vehicle. It is the case of the petitioner that the petitioner is the owner of the muddamal vehicle, and in fact, the said vehicle was stolen on 11.10.2019 for which, an FIR was also lodged before the Chandnibagh Police Station, Dist.: Panipat for the offence punishable under section 379 of the IPC. It is submitted t

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