CHINUBHAI GOPALDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RAJU J.

(2.) ALTHOUGH two bottles were sent to the Chemical Analyser an order for confiscating 1584 bottles was passed under section 98 of the Bombay Prohibition Act. Before an order can be passed under section 98 of the said Act it must be proved that the thing in respect of which an order is passed is liable to be confiscated. Under section 98 of the Bombay Prohibition Act the entire stock of such intoxicant hemp mhowra flowers or molasses can be confiscated but it must be proved that what is to be confiscated is intoxicant hemp mhowra flowers or molasses. By showing that two bottles are intoxicants it is not proved that 1500 and odd other bottles are intoxicants. Unless it is proved that 1500 and odd bottles contained intoxicants hemp mhowra flowers or molasses the order of confiscation in respect of those bottles cannot be passed. The order of confiscation of all the bottles excepting the two bottles which have been sent to the Chemical Analyser and which have been proved to be intoxicants is therefore set aside. The learned Magistrate should pass necessary orders for desposing of the property. Order accordingly.