SANJAY NARANBHAI NANDANIYA 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 Maruti Suzuki INDIA Ltd., ALTO 800 LXI, registration No.GJ-19-AF-1766, which is seized by police in connection with FIR being C.R.No.III-331 of 2019 registered with Dhanera Police station, District Banaskantha for offences punishable under sections 65(a) (e), 116-B, 81, 99 and 98(2) of the Gujarat Prohibition Act.

(2.) Heard learned advocate appearing for the petitioner and learned APP appearing for the respondent-State.

(3.) Learned advocate for the petitioner in view of the embargo contained in section 98(2) of the Gujarat Prohibition Act, the Trial Court has precluded from releasing the custody of muddamal vehicle under section 451 of the Code of Criminal Procedure to the owner of the vehicle. He further submits that his muddamal vehicle was used for transporting liquor without his knowledge. He submits that if the vehicle is allowed to remain with the police, its condition would deteriorate. Hence, considering the overall facts of the case and considering the value of liquor, the vehicle may be given to the petitioner pending the trial of criminal case.