VALLABHBHAI NARSINHBHAI JINJARIYA 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 Maruti Suzuki Swift Car, bearing registration No.GJ--03-CR-3414, which is seized by police in connection with FIR being C.R.No.III-366 of 2018 registered with Gondal City Police Station, District Rajkot Rural for offences punishable under sections 65(e), 116(b) and 98(2) of the Gujarat Prohibition Act.

(2.) Heard Ms. Avanika Panchal, learned advocate for Mr. Sandip M. Patel, learned advocate appearing for the petitioner and Mr. Hardik Soni, learned APP appearing for the respondent-State.

(3.) Ms. Panchal, learned advocate for the petitioner submitted that in view of the embargo contained in section 98(2) of the Gujarat Prohibition Act, the Trial Court is precluded from releasing the custody of muddamal vehicle under section 451 of the Code of Criminal Procedure to the owner of the vehicle. She further submits that his muddamal vehicle was used for transporting liquor without his knowledge. She submits that if the vehicle is allowed to remain with the police, its condition would deteriorate. Hence, considering the overall facts of the case and considering the value of liquor, the vehicle may be given to the petitioner pending the trial of criminal case.