PARBATBHAI VASHRAMBHAI RATADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule for the respondent State.

(2.) What is challenged in the present writ petition under Articles 226 & 227 of the Constitution of India is the order dated 16.09.2020 passed by learned 13th Additional Sessions Judge, Rajkot as well as the order dated 05.09.2020 passed by learned Additional Chief Judicial Magistrate, Rajkot rejecting the prayer of handing over the muddamal vehicle having its registration No. GJ-03-BV-9763 in connection with the FIR being Prohibition C.R.No.III-392 of 2019 registered with Gandhigram-2(Uni) Police Station,Rajkot City for the offence under the provisions of Gujarat Prohibition Act, 1949 ('the Act' for short). Being aggrieved by the same, the petitioner has preferred the present petition under Article 227 of the Constitution of India.

(3.) It is contended by learned advocate for the petitioner that learned trial Court as well as revisional Court have not handed over interim custody of the vehicle in question in view of the provisions of Section 98 of the Act which provides embargo for handing over the custody of the vehicle used in the offence pending the trial. It is, therefore, requested that appropriate directions should be given to the concerned Magistrate/Trial Court who is dealing with such questions to hand over such vehicle to its owner or to the person from whom the said vehicle is seized by taking appropriate bond/guarantee/solvent surety for the return of the said vehicle if required by the Court at any point of time.