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2021 Supreme(Guj) 770

ASHOKKUMAR C.JOSHI
KAMLESHBHAI SAMARSINH BARIA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : SHIVAM H CHOKSHI
For The Respondent: MS CM SHAH APP.

JUDGMENT :

1. The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to 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 release the muddamal vehicle- Honda Shine Car bearing RTO registration No. GJ-20.S.5751 in connection with the FIR No. 11821014200286 of 2020 registered with Dhanpur Police Station, District - Dahod for the offence punishable under Sections 65(E), 81, 98(2) of the Gujarat Prohibition Act.

2. Heard learned advocate Mr. Shivam Chokshi for the petitioner and learned APP Ms. CM Shah on behalf of the Respondent State of Gujarat through video conference.

Factual Matrix of the case:

3. It is the case of the petitioner is the owner of Honda Shine Car bearing RTO registration No. GJ-20.S.5751. It is the case of the petitioner that the learned Court below has rejected release of muddamal application, only because of restriction under Section 98(2) of the Prohibition Act but vehicle lying at the Police Station for more time, otherwise there will be physical damage to it, therefore interference of this Hon’ble Court is

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