NAYANABEN HASMUKHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Article 226 of the Constitution of India, the petitioner has prayed to release / handover the possession of the muddamal vehicle bearing registration No.GJ-05-RA- 0717 to the petitioner.

(2.) Learned advocate for the petitioner submitted that the muddamal vehicle has been detained by the investigating officer and that if the interim custody of the vehicle is not given, serious prejudice would be caused to the petitioner as the muddamal vehicle would get substantially damaged by the time the trial gets concluded and probably, by that time, the value of the muddamal vehicle may also become 'NIL' as the vehicle is lying under the open sky in different climatic conditions. It was further submitted that this Court has ordered release of muddamal vehicles even in instances under section 98(2) of the Gujarat Prohibition (Amendment) Act and hence, the Court may consider the case of the petitioner since this may fall under section 99 of the Gujarat Prohibition Act, 1949 (for short "the Act"). It was, accordingly, urged that this Court may direct release of the muddamal vehicle in exercise of the extraordinary jurisdiction under Article 226 of the Constitution of India on suitable terms and conditions.

(3.) Reliance was placed upon several decisions rendered by the Coordinate Benches of this Court to submit that even after considering the rigor of section 99 of the Act, this Court has allowed the muddamal vehicles to be released in favour of the petitioner therein. Reliance is also placed on the decisions of the Coordinate Benches of this Court rendered in Special Criminal Applications No.4010 of 2020, 4041 of 2020, and 4253 of 2020 on 01.10.2020 as well as orders dated 14.07.2020 and 23.07.2020 passed in Special Criminal Application No.2692 of 2020 and Special Criminal Application No.3012 of 2020, respectively.