HARISHBHAI RANABHAI JAAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Application is preferred by the Applicant under Sec. 397 r/w Sec. 401 of the Code of Criminal Procedure praying for suspending the sentence imposed upon him by Additional Civil Judge and Civil Judge and Judicial Magistrate First Class, Khambhalia vide order dtd. 19/4/2022 in Criminal Case No.1585 of 2019 and confirmed by the Principal Sessions Judge, Devbhoomi Dwarka vide order dtd. 29/4/2023 in Criminal Appeal No. 19 of 2022.

(2.) Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.

(3.) Learned Advocate for the applicant has submitted that the applicant-original accused herein has filed Criminal Case No.1585 of 2019 before the Additional Civil Judge and Civil Judge and Judicial Magistrate First Class, Khambhalia for the offences punishable under Ss. 65(e) & 98(2) of the Gujarat Prohibition (Amended) Act, 2017. By judgment and order dtd. 19/4/2022, the Magistrate convicted the applicant-accused for the offence under Ss. 65(a)(a) of the Act, and thereby, imposed sentence of simple imprisonment of 6 months and fine of Rs.5000.00 and in default of payment of fine further simple imprisonment was awarded. The Magistrate also ordered to forfeit the muddamal vehicle Alto car to the State Government by cancelling the interim order releasing the same under Sec. 98(2) of the Act.