BABURAM KANARAM BISNOI 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 Truck having registration number RJ-16-GA-1869, which is seized by police in connection with FIR being Prohibition C.R.No.-III-208 of 2019 registered with Bagvadar Police station, District : Porbandar for offences punishable under sections 65(E), 66(10(b), 81, 83, 116-B and 98(2) 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 3rd Additional Chief Judicial Magistrate, Porbanda for interim custody of the vehicle during the pendency of the Trial of the case. The learned Magistrate, by his order dated 27.11.2020, 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. However, the petitioner did not assail the order of the learned Magistrate by preferring the criminal revision application in the Sessions Court and has directly approached 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.