ZALA BHARAT CHANDUBHAI 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 Alto 800 LXI (Maruti Suzuki India Pvt. Ltd.) having registration number GJ-01-HV-1708, which is seized by police in connection with FIR being Prohibition C.R.No.11191035201796 of 2020 registered with Naroda Police Station, Ahmedabad for offences punishable under sections 65(a)(e), 116(B), 98(2) and 81 etc. of the Gujarat Prohibition Act.

(2.) Facts giving rise to the present petition are not many and moved in a narrow compass. Maruti Alto 800 LXI (Maruti Suzuki India Pvt. Ltd.) having registration number GJ-01- HV-1708, came to be seized by the Police in connection with FIR being Prohibition C.R.No.11191035201796 of 2020 registered with Naroda Police Station, Ahmedabad for offences punishable under sections 65(a)(e), 116(B), 98(2) and 81 etc. of the Gujarat Prohibition Act. 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 Additional Metropolitan Magistrate, Ahmedabad for interim custody of the vehicle during the pendency of the Trial of the case. The learned Magistrate, by his order dated 06.08.2020, 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. 158 of 2020 in the Sessions Court, Ahmedabad. Learned Additional Sessions Judge, Ahmedabad by his judgement dated 11.09.2020, confirmed the order passed by the learned Magistrate. The petitioner is therefore, before this Court with the present petition.

(3.) Rule returnable forthwith. Learned APP waives service of notice of rule on behalf of the respondent-State. With consent of the learned advocates for the parties, the matter has taken up for final disposal today.