JAYESHBHAI CHHAGANBHAI KALMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule on behalf of the respondent State.

(2.) By way of present writ petition filed under Article 226 of the Constitution of India, the petitioner has sought for a direction to respondent No.1 to hand over the Bajaj Auto Rickshaw bearing registration No.GJ-?08-?AT-?5156 in view of clear embargo under Section 98(2) of the Gujarat Prohibition Act, 1949 ("the Act" for short) the subordinate courts are not granting any relief.

(3.) It is contended by learned advocate for the petitioner that by virtue of the provisions of section 98 of the Act, there is a clear embargo for handing over the custody of the vehicle used in the offence pending the trial by learned trial Courts. It is, therefore, requested that appropriate directions should be given to the concerned Magistrate/trial Court who is dealing with such questions to hand over such vehicles to its owner or to the person from whom the said vehicles are seized by taking appropriate bond/guarantee/solvent surety for the return of the said vehicles if required by the Court at any point of time.