STATE OF GUJARAT Vs. MANOJKUMAR ACHALAJI KHATRI

JUDGEMENT

(1.) The order dated June 24, 1999 of the Additional Sessions Judge, Ahmedabad is under challenge in this revision.

(2.) The brief facts giving rise to this revision are as under : Truck No.GJ-1-V-5720 is owned by one Rajkiran Ramlal. Under an agreement dated April 29, 1998, this truck came in possession of the respondent Manojkumar Achalaji Khatri. He was plying the truck and was in its actual possession. On August 22, 1988 the DCB Police raided the said truck when it was parked near Mahakali Temple, Asarwa. Huge quantity of illicit liquor worth Rs.7,12,050=00 was found in the truck. The truck was accordingly seized. At the time of raid, the truck number shown on the number plate was GJ-7-8252. On enquiry by the police it was found that this truck was not registered. On further enquiry, on the basis of chassis number and engine number, it was found that the correct number of the truck is GJ-1-V-5720. After the seizure of the truck, the respondent applied for its release and further prayed for interim custody of the truck alleging that he had no knowledge that the driver of the truck was carrying illicit liquor in the same. The said application of the respondent was rejected by the Metropolitan Magistrate on March 4, 1999.

(3.) Feeling aggrieved, the respondent preferred a revision before the Sessions Judge. The Sessions Judge, under the impugned order, after setting-aside the order of the Metropolitan Magistrate, directed that interim custody of the truck be given to the respondent on certain terms and conditions enumerated in the impugned order. Feeling aggrieved with this order the State of Gujarat has preferred this revision.