DARBAR PRAVINBHAI DAGIBHAI 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 HYUNDAI COMPANY LTD., I10, WHITE COLOR, having registration No.GJ-01-RB-3407, which is seized by police in connection with FIR being C.R.No.11206075200171/2020 registered with Visnagr Town Police Station, Mehsana for offences punishable under sections 65(a)(e), 98(2) and 116(b) of the Gujarat Prohibition Act.

(2.) 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 Judical Magistrate First Class, Visnagar, Mahesana for interim custody of the vehicle during the pendency of the Trial of the case. The learned Magistrate, by his order dated 20.10.2020, 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.

(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.