DASHRATHBHAI BACHUBHARATI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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 - MARUTI SUZUKI INDIA LTD. (SWIFT DZIRE, VDI) bearing registration No.GJ-08-AJ-2063, in connection with FIR bearing Prohibition CR No.11216024200120 of 2020 for offences punishable under Sections 65(e), 65(a), 116(b), 81, and 98(2) of the Gujarat Prohibition Act.

(2.) The case of the petitioner is that the petitioner is the owner of the vehicle in question and without the knowledge of the petitioner, the son of the petitioner appears to have misused the vehicle. The petitioner was unaware about the fact that his vehicle - muddamal vehicle - MARUTI SUZUKI INDIA LTD. (SWIFT DZIRE, VDI) bearing registration No.GJ-08-AJ-2063 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.

(3.) As against this, Mr.J.K.Shah, learned APP, has submitted that the vehicle in question is intercepted and seized as muddamal in commission of prohibition offences and as such, by virtue of Section 98(2) of the amended Act, the muddamal may not be released, otherwise the same would frustrate the very object for enactment of Statute. But, the learned APP has lastly candidly submitted that there are several orders passed by the Coordinate Benches on the basis of which the vehicles in question have been released during the pendency of trial on some suitable conditions and has left it to the discretion of the Court.