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2021 Supreme(Online)(Guj) 8692

GUJARAT HIGH COURT
YUSUFBHAI RASULBHAI MOGAL – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL ORDER

Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-

State.

1. The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India so also inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to release Muddamal Vehicle i.e LMV (CAR) TATA- Indica Vista bearing RTO registration No. GJ-01-KG-9592.

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.11192015210134 of 2021 came to be lodged with Changodar Police Station, Dist: Ahmedabad Rural for the off

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