JASWANTSING GURUDEVSING JAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of learned advocates for the parties, matter is taken up for final hearing today.

(2.) It appears that on facts there is no dispute that the vehicle of the petitioner bearing Reg.No.RJ-13-G-4991 is seized and custody is taken over by the police in connection with the CR No.III-75/05 for the offences under Bombay Prohibition Act. As per the prosecution case, the vehicle was used for transportation of liquor which is prohibited in the State of Gujarat. It appears that the petitioner applied to the Ld.Magistrate for giving custody of the vehicle, but the Ld.Msgistrate rejected the said application as per order dated 30.4.2005. The petitioner carried the matter before the Ld.Sessions Judge by preferring revision and it appears that the revision is also dismissed as per order dated 21.1.05 passed by the Ld.Sessions Judge. It is under these circumstances, the petitioner has approached this court.

(3.) Heard Mr.Pahwa for the petitioner and Mr.Kogje, Ld.APP for the State.