JITENDRAKUMAR BHAGWANBHAI THAKOR 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 CNG rickshaw having registration number GJ-01-DV-2235 , which is seized by police in connection with FIR being Prohibition C.R.No. 11192008200786 of 2020 registered with Bavla Police Station, Ahmedabad (Rural) 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. Vehicle being rickshaw having registration number GJ-01-DV-2235, was seized by police in connection with FIR being Prohibition C.R.No. 11192008200786 of 2020 registered with Bavla Police Station, Ahmedabad (Rural) 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 Judicial Magistrate First Class, Bavla for interim custody of the vehicle during the pendency of the Trial of the case. The learned Magistrate, by his order dated 14.10.2020, 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. The petitioner did not assail the order of the learned Magistrate by preferring the Criminal Revision Application before the Sessions Court and has directly approached this court with the present petition.

(3.) Heard Mr. Mr. M.M. Barejia, learned advocate for the petitioner and Mr. Hardik Soni, learned APP for the respondent-State.