VIKYAMAL DATUMAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal against an order passed by the learned City Magistrate IVth Court Ahmedabad confiscating the Muddamal Articles in Criminal Case No. 1530 of 1965 wherein the appellant who was the original accused was acquitted. The notification purporting to be issued under sec. 4 of The Spirituous Preparations (Inter-State Trade and Commerce) Control Act 1955 by the Central Government is not in accordance with sec. 4 of the said Act which section reads as under:-

(2.) THE appeal is therefore allowed and the order of confiscation is set aside. THE property should be returned to the person from whom it was taken. Appeal allowed.