SIPAI MAHMAD ARIF SORAMKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On the facts and in the circumstances of the case and with the consent of the learned advocates for the respective parties, the petition is taken up for final disposal.

(2.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner prays for quashing and setting aside the order dated 15.7.2020 passed by the learned Chief Judicial Magistrate (First Class), Siddhpur in Criminal Misc. Application No.97 of 2020 whereby the application filed by the petitioner has been rejected on the ground of bar contained under sub-section (2) of Section 98 of the Gujarat Prohibition Act, 1949. In the alternative, it is urged that the custody of Tata Truck bearing Registration No.GJ-08-AU-3538, Chassis No.MAT373031F1E11069, Engine No.697TC69EUY105700 (hereinafter referred to as 'the vehicle in question') be handed over to the petitioner, pending trial.

(3.) Mr. Siddharth Dave, learned advocate for Mr.Chintan V. Acharya, learned advocate for the petitioner submitted that the vehicle in question was seized in connection with the First Information Report being Prohibition C.R.No.11217030200578 of 2020 registered with Siddhpur Police Station, Siddhpur for the offences under Sections 65(a), 65(e), 67-1A, 98(2) and 116B of the Gujarat Prohibition Act, 1949 (hereinafter referred to as 'the Prohibition Act ').