VINODBHAI RAMESHBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of learned advocates for the respective parties, present petition is taken up final hearing for today, through videoconference.

(2.) By way of present petition, under Articles 226 and 227 of the Constitution of India, the petitioner, who has purchased the vehicle from the registered owner -Suresh Tribhovan Parmar, by way of an agreement dated 02.05.2019, has prayed for release of the muddamal vehicle - Toyota Etios Liva Car bearing Registration No.GJ-10-AP-6724.

(3.) 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.