FARUKI KAIYUMUDDIN SHARIFUDDIN 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 Eicher Truck having registration number GJ02-XX-4637, which is seized by police in connection with FIR being Prohibition C.R.No. 11217019200844 of 2020 registered with 'A' Division Police Station, Patan for offences punishable under sections 65(A),65(E), 67-1A, 116-B, 81, 83, 98(2) and 81 etc. of the Gujarat Prohibition Act.

(2.) Learned advocate for the applicant submits that the petitioner has purchased the muddamal vehicle from the registered owner under agreement. He further submits that the petitioner is not arraigned as an accused in the offence. Under instructions, he submits that the applicant has no criminal antecedents. He further submits that considering the ratio laid down by the Supreme Court in case of Sudarbhai Ambalal Desai vs. State of Gujarat , 2003 AIR(SC) 638, the vehicle may be released.

(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 Additional Chief Judicial Magistrate, Patan for interim custody of the vehicle during the pendency of the Trial of the case. The learned Magistrate, by his order dated 25.09.2020, 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. 41 of 2020 in the Sessions Court, Patan. Learned 3rd Additional Sessions Judge, Patan, by his judgement dated 13.11.2020, confirmed the order passed by the learned Magistrate. The petitioner is therefore, before this Court with the present petition.