MOHAMMED IMRAN NOORMOHAMMED SHAIKH 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 Mahindra TUV 300 Motor Car bearing Chasis No.MA1NV2VZXK6F31740, Engine No. VZK6F46112, which is seized by police in connection with FIR being C.R.No.III-503 of 2019 registered with Manjalpur Police Station, Vadodara City for offences punishable under sections 65(E), 98(2), 116-B and 81 etc. of the Gujarat Prohibition Act.

(2.) Learned advocate for the petitioner, submits that 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 7th Additional Civil Judge and Judicial Magistrate, First Class, Vadodara for interim custody of the vehicle during the pendency of the Trial of the case. The learned Magistrate, by his order dated 19.10.2020, 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 assailed the order of the learned Magistrate by preferring the Criminal Revision Application No. 168 of 2020 in the Sessions Court, Vadodara. Learned 2 nd Additional District & Sessions Judge, Vadodara, by his judgement dated 03.12.2020, confirmed the order passed by the learned Magistrate. The petitioner is therefore, before this Court with the present petition.

(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.