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2022 Supreme(Online)(Guj) 1822

HIGH COURT OF GUJARAT
NIRAL R. MEHTA, J
VIRALKUMAR RAJESH PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: KRUNAL S MEHTA
For the Respondents: MS MOXA THAKKAR, APP

ORDER

Rule, returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent-State.

1. The petitioner has preferred this petition, seeking inter alia to invoke extraordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure , 1973, with a prayer to release Muddamal Vehicle i.e. Maruti Swift VDI BSIV, bearing R.T.O. Registration No.DD-03-K-2652, Chasis No.MA3FNEB1500017864 and Engine No.D13A- 3103329. 2. It is the case of the petitioner that petitioner 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.

3. The case of the prosecution is that while the police personnels 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 driver was found carrying liquor without any pass or permit. Therefore, an FIR being C.R. No.11200048210462 of 2022 came to be lodged with Vapi Town Police Station, Dis


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