ASARI JAGDISHBHAI NAGJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.J.K.Shah, learned APP waives service of rule for the respondent - State of Gujarat.

(2.) By way of present petition, under Article 227 of the Constitution of India, the petitioner has prayed for release of the muddamal vehicle bearing Registration No.GJ-01-HR- 8551.

(3.) Having heard submissions made at bar, it appears that the Courts below refused to return Muddamal vehicle in view of provisions of section 98(2) of Gujarat Prohibition Act and Rule 9 framed under the said Act, inasmuch as, the interim custody of the vehicle carrying more than 10 liters liquor cannot be released.