KHENGARBHAI LAKHABHAI DAMBHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant, claiming to be the owner of the vehicle being Eicher 10.80 (Blue) bearing no. GJ 05-BT-0899, seized as Muddamal Article in connection with the FIR bearing Criminal No.11200038231465/2023, for the offence Under Sec. 65- (a)(e),81,98(2),116(2) of Gujarat Prohibition Act and U/s 465, 468, 471, 114 of IPC registered with the Pardi Police Station, District Valasad, had filed the Special Criminal Application No.6465 of 2023 before the High Court of Gujarat at Ahmedabad seeking release of the said vehicle. The said Application having been dismissed by the High Court vide the impugned order dtd. 8/6/2023, the present Appeal has been filed.

(2.) In the instant case, it appears that the police personnel when they were on patrolling duty had intercepted the vehicle in question on the basis of a secret information received by them. It was alleged that the driver of the said vehicle was carrying English Liquor (1240.200 litres) worth of rupees 7 lakhs in the said vehicle without any pass or permit. The said vehicle along with the liquor was seized and the aforestated FIR was registered against the accused Lakhabhai Khengarbhai (the son of the present appellant), and others on 29/4/2023 at the Police Station Pardi, Valasad.

(3.) The respondent - State of Gujarat by filing the counter-affidavit has contented inter alia that Sec. 98 (2) of the Gujarat Prohibition Act 1949 (hereinafter referred to as the said 'Act ') forbids the release of such vehicle till the final judgment of the Court, where the quantity of seized liquor is exceeding the quantity prescribed by the Rules. In the instant case, the seized quantity of liquor was 1240 litres as against the prescribed quantity of 20 litres as per the Notification dtd. 2/7/2019, and hence the said vehicle was liable for the confiscation and could not be released on bond or surety till the final judgment of the court.