DAHYABHAI NARANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. U.A. Trivedi, the learned APP waives service of Rule on behalf of respondent-State.

(2.) The petitioners by these three Special Criminal Applications have challenged the impugned judgment and order dated 17-10-1996 rendered in three different Criminal Revision Applications, bearing Criminal Revision Applications Nos. 98/96, 99/96 and 100/96, by the learned Additional Sessions Judge, Vyara, confirming the judgment and order dated 17-10-1996 passed by the learned JMFC Bardoli, interalia praying for quashing and setting aside the impugned order and releasing three vehicles bearing Nos. (1) GAX-9165 (Maruti car-Chesis No. 277108); (2) GJ- 1-T-4845 (Truck); and (3) GJ-16-C-171 (Maruti Van-Chesis No. 940993). The three vehicles in question came to be seized in the matter of prohibition case the same being CR. No. III 378/96 registered at Palsana Police Station alleging offences punishable under Sees. 66(1)(b), 65(A)(E), 81 and 83 of the Bombay Prohibition Act against one Rajesh Kalidas Patel and 9 others.

(3.) Heard Mr. D.R. Bhatt, the learned advocate appearing for the petitioners and Mr. U.A. Trivedi, the learned APP appearing for the State. Perused the affidavits filed by K.K. Rathod, PI, LCB, Surat (Rural). The said affidavits are directed to be taken on record. From paras 3, 4 and 5 of the said affidavits, it appears that the alleged offence has taken place either under direct supervision or active involvement or connivance of the petitioners concerned. If the commission of the alleged offence is suspected by the police was also under supervision or active involvement of the owners of vehicles in question, then in that case, it is difficult to understand as to why so far no chargesheet is filed against them! This is too serious a thing and accordingly it is brought to the notice of the Director General of Police to inquire into the matter and take appropriate action against the concerned Police Officer, if found at fault. The concerned police officer shall accordingly further reapply himself and on the basis of the material available, file the chargesheet, if necessary against the concerned owners (petitioners) of the vehicles. The concerned police officer shall also produce copies of the aforesaid three affidavits before the Director General of Police and trial court. Further, the trial court, shall bear in mind the contents thereof while trying the case, and in case if no chargesheet is filed by the Investigating Officer against the owners of the vehicles join them as accused of its own if material brought on the record so warrants.