STATE OF GUJARAT Vs. MOTILAL DOLATRAMJI MEENA

JUDGEMENT

(1.) This petition is filed by the State of Gujarat being aggrieved and dissatisfied with the order dtd. 19/9/2017 passed by the 7 th Additional Sessions Judge, Banaskantha at Palanpur below Exh.5 om Criminal Revision Application No.43 of 2017 releasing the muddammal vehicle i.e. Mahindra Bolero Camper bearing Registration No.GJ-13V-7379, which is seized as muddamal in connection with the FIR being Prohibition C.R.No.5209 of 2017 registered with Amirgadh Police Station, Banaskantha, for the offences punishable under the provisions of the Gujarat Prohibition Act.

(2.) Learned APP for the petitioner-State has submitted that the vehicle in question was used for transporting liquor by the accused and the learned lower appellate Court has committed a grave error in releasing the said vehicle as the same vehicle may be used for transporting liquor in future also which will be detrimental to the interest of the society at large. He, therefore, requested to allow this petition by quashing the impugned order.

(3.) Learned advocate for the respondent submitted that the said vehicle is duly registered with the Transport Department of the Government and in support of it, RC Book is placed on record. He has submitted that the petitioner is the owner of the vehicle in question. He further submitted that looking to these aspects and the aspect that if the vehicle will lie till the trial is over, it will become junk, the learned lower appellate Court has ordered for release of the vehicle on suitable terms and conditions, which is just and proper. He, therefore, requested to dismiss this petition.