KALAL NILESH MOHANLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.J.K.Shah, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent.

(2.) The present petition has been filed under Articles 226 and 227 of the Constitution of India read with Section 451 of the Cr.P.C. for the purpose of seeking release of muddamal vehicle - Mahindra & Mahindra Limited XUV300 DIESEL W6, PEARL WHITE COLOUR bearing registration No.GJ-18-BL-2455, in connection with FIR bearing Prohibition CR No.III-11216009200020 of 2020 for offences punishable under Sections 65(a) (e), 81, 116(b) and 98(2) of the Gujarat Prohibition Act.

(3.) The case of the petitioner is that the petitioner is doing the business of transport and working as a driver which is the only source of income. The petitioner was unaware about the fact that his vehicle - Mahindra & Mahindra Limited XUV300 DIESEL W6, PEARL WHITE COLOUR bearing registration No.GJ-18-BL-2455 was used for illegal transport of liquor which came to be intercepted and seized as muddamal in connection with aforesaid FIR. It has also been submitted that the vehicle in question is belonging to him and has not been involved in other crime and as such, considering the fact that trial is likely to take more time, the vehicle in question be released, otherwise after completion of trial, there will be nothing left in vehicle to be used and it will be a serious loss to the petitioner. It has further been submitted that the trial has yet not been commenced and even the charges have not been framed and as such, looking to these circumstances, the vehicle in question be released which the lifeline of the present petitioner. It has been submitted that in similar kind of situation, several vehicles which have been seized in prohibition cases, the Coordinate Benches have considered the case and released the vehicle on some suitable conditions, to which the petitioner is ready and willing to abide by.