BARIA VINODBHAI VIRSINGBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition under Article 227 of the Constitution of India to get the custody of muddamal vehicle being Tata 1613 TRKOPN Truck having registration No. GJ-07-Z-7436, which is seized by police in connection with FIR being C.R.No.III-186/2019 registered with Devgadh Baria Police Station, Dahod for the offences punishable under sections 65(E), 81 and 98(2) of the Gujarat Prohibition Act.

(2.) Facts giving rise to the present petition are not many and moved in a narrow compass. The muddamal vehicle being Tata 1613 TRKOPN Truck having registration No. GJ-07- Z-7436 came to be seized by Police in connection FIR being C.R.No.III-186/2019 registered with Devgadh Baria Police Station, Dahod for offences punishable under sections 65(E), 81 and 98(2) of the Gujarat Prohibition Act. The petitioner being the owner of muddamal vehicle moved an application under section 451 of the Code of Criminal Procedure 1973 ['the code for short] before the learned Principal Civil Judge, Devgadh Baria for interim custody of the vehicle during the pendency of the Trial of the case. The learned Magistrate, by his order dated 09.10.2020, rejected the application essentially on the ground of bar contained in section 98(1) of the Prohibition Act and the quantum of sentence prescribed for the offence. The petitioner assailed the order of the learned Magistrate by preferring the Criminal Revision Application No. 10 of 2020 in the Sessions Court, Dahod at Limkheda. Learned 5th Additional Sessions Judge, Dahod at Limkheda by his judgement dated 26.10.2020, confirmed the order passed by the learned Magistrate. The petitioner is therefore, before this Court with the present petition.

(3.) Rule returnable forthwith. Learned APP waives service of notice of rule on behalf of the respondent-State. With consent of the learned advocates for the parties, the matter has taken up for final disposal today.