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2025 Supreme(Online)(Guj) 6483

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
KISHORSINH MOHABATSINH RATHOD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR KISHAN R CHAKWAWALA, MR MEET A SHAH
For the Respondents: MR ROHAN SHAH, APP

ORAL ORDER

RULE. Learned APP waives notice of rule for and on behalf of the respondents.

[1.0] 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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”) [section 482 of the Code of Criminal Procedure, 1973] with a prayer to release Muddamal Vehicle i.e Maruti Swift car bearing RTO registration No. GJ 03 MR

4939.

[2.0] 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 driver was found carrying liquor without any pass or permit. Therefore, an FIR being C.R. No.11191011250049 of 2025 registered with DCB Police Station, Ahmedabad for the offence punishable under the Prohibition Act.

[3.0] Heard learned advocate for the petitioner and learned APP for the respondents.

[4.0] Learned Advocate for the petitioner has urged that

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