HASAMBHAI ADAMBHAI DELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule of rand on behalf of respondent State.

(2.) The present petition is filed under Articles 226 and 227 of the Constitution of India read with Section 451 of the Cr.P.C. for the purpose of seeking following reliefs :

(3.) Mr.H.P.Baxi, learned advocate for the petitioner, has submitted that the courts below have not properly appreciated the request in its true perspective and adopted too technical view of the matter. On the contrary, if this vehicle in question is allowed to be retained in custody till the trial is over, by that time the vehicle in question will be destroyed and will not be in a position to be used and that will be a permanent loss to the petitioner. It has been pointed out that though by virtue of an order dated 19.11.2019 in the present proceedings, the latest position of the SLP which is filed before the Apex Court was required to be inquired but, the same is pending so far and it is likely to take some more time which is not ascertainable. But by that time, learned advocate has pointed out, that there are series of orders passed by the Coordinate Bench of this Court in which after considering the provision of Section 98(2) of the Gujarat Prohibition Act, the vehicle in question has been released and as such also, the request be considered. Learned advocate has also pointed out that it may be that the courts below could not release by virtue of rigor of Section 98(2) of the Gujarat Prohibition Act but, by exercising extraordinary jurisdiction, the Coordinate Benches have passed the orders and as such, keeping that circumstance in mind, an appropriate order be passed. To strengthen his submissions, learned advocate has pointed out one decision of recent time rendered in Special Criminal Application No.1862 of 2020 dated 11.6.2020 by the Coordinate Bench of this Court and a request is made to consider the case of the applicant.