BHAVESH PRAVINBHAI PATEL 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 Bajaj RE CNG 45 Rickshaw having registration number GJ-01-TE-7653, which is seized by police in connection with FIR being Prohibition C.R.No.III98 of 2019 registered with Dabhoda Police station, District : Gandhinagar for offences punishable under sections 65(E), 98(2) and 81 etc. of the Gujarat Prohibition Act.

(2.) Learned advocate for the applicant submits that the petitioner is a registered owner of the mudammal vehicle which is auto rickshaw seized in the year 2019. It is his further submission that liquor was recovered from the muddamal vehicle.

(3.) Learned advocate for the petitioner, submits that the petitioner being the owner of muddamal vehicle moved an application under section 451 of the Code of Criminal Procedure 1973 ['the code for short] before the learned 4th Additional Judicial Magistrate, First Class, Gandhinagar for interim custody of the vehicle during the pendency of the Trial of the case. The learned Magistrate, by his order dated 01.08.2019, rejected the application essentially on the ground of bar contained in section 98(1) of the Prohibition Act and the quantum of sentence prescribed for the offence. The petitioner assailed the order of the learned Magistrate by preferring the Criminal Revision Application No. 78 of 2019 in the Sessions Court, Gandhinagar. Learned Principal Sessions Judge, Gandhinagar, by his judgement dated 22.08.2019, confirmed the order passed by the learned Magistrate. The petitioner is therefore, before this Court with the present petition.