MAHENDRAKUMAR SITARAM GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The report of Police Sub­Inspector, Amraiwadi Police Station, Ahmedabad City dated 08.03.2021 is taken on record.

(2.) By way of present writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has sought for a direction to concerned authority to hand over the muddamal vehicle bearing registration No.GJ­01­AX­1599 in connection with the FIR being C.R. No.III­288 of 2019 registered with Amraiwadi Police Station, Ahmedabad in view of clear embargo under Section 98(2) of the Prohibition Act, 1949 ('the Act' for short) the subordinate courts are not granting any relief.

(3.) It is contended by learned advocate for the petitioner that by virtue of the provisions of section 98 of the Act, there is a clear embargo for handing over the custody of the vehicle used in the offence pending the trial by learned trial Courts. It is, therefore, requested that appropriate directions should be given to the concerned Magistrate/trial Court who is dealing with such R/SCR.A/2575/2021 ORDER questions to hand over such vehicles to its owner or to the person from whom the said vehicles are seized by taking appropriate bond/guarantee/solvent surety for the return of the said vehicles if required by the Court at any point of time.