JIGNESH @ SOMO MOHANBHAI BHOI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India read with section 451 of the Code of Criminal Procedure, 1973 Code is filed to release the motor vehicle being MARUTI SWIFT CAR bearing registration No.GJ-06KD-4761. The said vehicle was seized in connection with offence under Sections 65(a)(e), 81 and 98(2) of the Gujarat Prohibition Act (for short "the Act").

(2.) Learned advocate for the petitioner submits that the petitioner has no role to play in the offence, but only on account of the fact that the vehicle of the petitioner is involved in the offence of carrying out prohibited liquor, the petitioner is arraigned as accused. In the present offence, the petitioner was not present when the vehicle was intercepted which was containing prohibited liquor. It is submitted that the investigation is concluded and the charge sheet is filed. It is submitted that the petitioner is not having any antecedents nor the vehicle has been involved in any such offence and it is only on account of the relation that the petitioner had handed over the vehicle for use to his acquaintance.

(3.) Learned APP submits that the vehicle was found as carrier of prohibited liquor beyond the quantity prescribed under Section 99 of the Act and therefore, there is a clear cut bar in release of the vehicle under the provisions of the Act.