KADARBHAI ALIBHAI PATRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A. C. RAO, J 1. By way of present petition, under Article 226 and 227 of the Constitution of India, the petitioner has prayed for release of the muddamal vehicle bearing Registration No.GJ-01-KB-4523.

(2.) Having heard submissions made at bar, it appears that the Courts below refused to return Muddamal vehicle in view of provisions of section 98(2) of Gujarat Prohibition Act and Rule 9 framed under the said Act, inasmuch as, the interim custody of the vehicle carrying more than 10 liters liquor cannot be released.

(3.) The learned advocate Mr.Harshil Dattani, for the petitioner, submitted that the petitioner is not the sole accused in the charge-sheet. It is contended that without his permission the liquor was transported in the vehicle owned by him. It is contended that the petitioner being an innocent person, his vehicle is required to be released.