SUNRICH LOGISTICS PVT LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On the facts and in the circumstances of the case and with the consent of the learned advocates for the respective parties, the petition is taken up for final disposal.

(2.) The present petition has been filed under Articles 226 and 227 of the Constitution of India, seeking direction to the concerned respondent to release / handover the possession of muddamal, that is, Maruti Ertiga Car bearing registration number GJ-05-RD-0161, Chassis Number MA3FLEB1S00517214 and Engine Number D13A-5591338 (hereinafter referred to as the 'vehicle in question') to the petitioner by imposing suitable conditions.

(3.) As is discernible from the averments made in the writ petition, the First Information Report being C.R. No.III-11 of 2019 has been registered with DCB Police Station, Surat City for the offences under Sections 65(a)(e), 98(2) and 81 of the Gujarat Prohibition Act, 1949 (hereinafter referred to as the ' Prohibition Act '). As per the contents of the First Information Report, the offence was committed on 21.5.2019 wherein, total 176 tins of beer and whisky were seized from the vehicle bearing GJ-05-RC-6493 and the said vehicle was intercepted by the complainant on the same day. As per the First Information Report, the vehicle in question was used by one Avinash Rawat for transporting the contraband liquor which in turn, was shifted in another vehicle, that is, Maruti Wagon-R. Since the usage of the vehicle in question was found in the commission of the offence, the vehicle in question was seized by the investigating officer. Hence, the present petition with the aforementioned prayers.