M/S ABC EXPRESS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The instant Appeal assails the judgment and order passed by the High Court of Gujarat at Ahmedabad in R/Special Criminal Application (Possession of Muddamal) No. 12264 of 2025 on 9/9/2025. The underlying criminal case originates from CR No. 11187006250007/2025,registered at PS Lunawada, District Mahisagar on 5/1/2025 and concerning the transportation of prohibited Indian-Made Foreign Liquor[Hereinafter, IMFL] in an Ashok Leyland Truck bearing registration RJ-14-GQ-2269[ Hereinafter, the subject vehicle]. However, only a narrow question arises for our consideration: whether the said truck, after seizure, should be released into the custody of its owner, the appellant, pending trial, notwithstanding the large quantity of liquor found therein and certain provisions of the Gujarat Prohibition Act, 1949 [Hereinafter, Prohibition Act].

(3.) To put it briefly, the incident and seizure took place during the intervening night of 04-5/1/2025 when the subject vehicle was found transporting IMFL under the guise of transport goods while traveling from Modasa towards Vadodara via Lunawada. The truck was then intercepted, the vehicles registration number was confirmed and the seizure was effected. The driver, who was alone in the subject vehicle, identified himself as Qasid Mohammad Khan and when asked about the vehicle, he stated that it contained miscellaneous goods belonging to the appellant, M/S ABC Express. Upon opening the rear doors, the Police found plastic bags, plastic boxes and khaki-coloured cardboard boxes which contained bottles of IMFL. The driver was unable to produce a pass or permit for transporting the liquor. Therefore, the truck and driver were taken into Police custody and brought to the Local Crime Branch office, where the subject vehicle was unloaded and counted in the presence of the panch witnesses.