MANIRAM Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
STATE OF GUJARAT
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(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
(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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