ANILKUMAR RAMLAL Vs. STATE OF GUJARAT
LAWS(GJH)-2018-4-132
HIGH COURT OF GUJARAT
Decided on April 05,2018

Anilkumar Ramlal Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT [REFERRED TO]
HEMA MISHRA VS. STATE OF U.P. [REFERRED TO]


JUDGEMENT

J.B. Pardiwala, J. - (1.)By this writ application under Article 227 of the Constitution of India, the writ-applicant has prayed for the following reliefs;
"(A) Your lordship may be pleased to admit and allow this application.

(B) Your lordship may be pleased to quash and set aside the order dated 31.01.2018 passed by the Hon'ble Add. Sessions Court, Arvalli in Criminal Revision Application No.67 of 2017 below Ex.04 and order dated 12.12.2017 passed by the Ld. JMFC, Modasa in connection with the impugned FIR in the interest of justice.

(C) Your lordship may be pleased to issue writ of mandamus or any other writ, order or direction to the Police Inspector, Modasa Rural Police Station to handover the custody of the vehicle having RTO Registration No.RJ 12 PA 2786.

(D) Your lordship may be pleased to pass any further order/s in the interest of justice."

(2.)The facts giving rise to this writ application may be summarized as under.
(3.)The writ-applicant is a businessman and is the owner of a luxury bus bearing registration no. RJ 12 PA 2786. On 04.12.2017, the police received an information that the luxury bus referred to above was to pass through the Shamlaji Check Post containing a huge quantity of liquor. It appears that the luxury bus started its journey from Rajasthan and was proceeding towards Ahmedabad. The police intercepted the luxury bus at the Shamlaji Check Post and seized a huge quantity of liquor from the same. In such circumstances, one passenger, the driver and the cleaner of the luxury bus came to be arrested. The luxury bus also came to be seized by the police.


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