MANIRAM Vs. STATE OF GUJARAT
LAWS(GJH)-2021-2-8
HIGH COURT OF GUJARAT
Decided on February 03,2021

MANIRAM Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent State.
(2.) By way of present writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has sought for a direction to concerned authority to hand over the muddamal vehicle bearing Reregistration No.RJ-­50-­GA-­2555 in connection with the FIR being C.R. No.III-­117 of 2019 registered with Chotial Police Station, Dist. Surendranagar in view of clear embargo under the Prohibition Act, 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 Magistratetrial 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 bondguaranteesolvent surety for the return of the said vehicles if required by the Court at any point of time.;


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