JADAV BAKULSINGH BHARATSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order or direction for release of vehicle being Hero Spl Pro Motor Cycle bearing registration No. GJ-17-AP-5349, seized as muddamal in connection with FIR being Prohibition C.R.No. III-212 of 2017 registered with Damavav Police Station, District Panchmahal under Sec. 65E, 65A & 81 of the Gujarat Prohibition Act, 1949.

(2.) Heard the learned Advocate for the petitioner Mr. P. M. Dave and learned APP Ms. M. D. Mehta for the respondent-State.

(3.) Learned Advocate Mr. Dave for the petitioner has submitted that in view of the restriction contained in sec. 98(2) of the Gujarat Prohibition Act, the Trial Court is precluded from releasing the custody of muddamal vehicle under sec. 451 of the Code of Criminal Procedure to the owner of the vehicle, hence, the applicant has no other remedy than approaching this Court invoking extraordinary jurisdiction under Article 226 of the Constitution of India. Learned Advocate for the petitioner has further relied upon various orders passed by Coordinate Benches of this Court, where vehicles seized in connection with offences under the Gujarat Prohibition Act, 1949, have been released and has submitted that such benefit may also be extended to the vehicle of the applicant.