BHAVIN DINESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Additional Public Prosecutor Mr. Ronak Raval waives service of rule on behalf of the respondent State. In the facts and circumstances of the case, the present application was taken up for final consideration today itself.

(2.) It is in connection with the First Information Report bearing Crime Register No. I-Prohibition Offence No.5006 of 2017 registered with Sola Police Station, Ahmedabad on 19.01.2017 against the present applicant-accused for the offence under Sections 66(B), 65(a)(e), 116(1)B and 81 of the Prohibition Act, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicant.

(3.) As per the allegations by the first informant police officer, the F.I.R. mentions that the quantity of foreign liquor was found lying in the car bearing registration No. GJ-1 HG-8096 which was parked in the ground floor of Alishan Flats which car was found to be used by the present applicant. One Dinesh Shivabhai Prajapati, resident of Chandlodiya and the present applicant who happens to be a physically challenged person, faced the allegations in respect of offence committed under Sections 66B and 6(a) and (e) of the Prohibition Act.