IQBALBHAI BABUBHAI LOHIYA 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 car having registration number GJ-06-XX- 1253, which is seized by police in connection with FIR being Prohibition C.R.No.11198066200147 of 2020 registered with Velavadar Bhal Police Station, District Bhavnagar for offences punishable under sections 65(a), 65(e), 116(B), 98(2) and 81 etc. of the Gujarat Prohibition Act.

(2.) Facts giving rise to the present petition are not many and moved in a narrow compass. Truck having registration number GJ-06-XX-1253 came to be seized by Velavadar Bhal Police Station in connection FIR being Prohibition C.R.No.11198066200147 of 2020 registered with Velavadar Bhal Police Station, District Bhavnagar for offences punishable under sections 65(a), 65(e), 116(B), 98(2) and 81 etc. 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 Judicial Magistrate, First Class, Vallabhipur for interim custody of the vehicle during the pendency of the Trial of the case. The learned Magistrate, by his order dated 22.06.2020, 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. 26 of 2020 in the Sessions Court, Bhavnagar. Learned

(3.) rd Additional Sessions Judge, Bhavnagar, by his judgement dated 07.007.2020, confirmed the order passed by the learned Magistrate. The petitioner is therefore, before this Court with the present petition.