JYOTIBEN ANILBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition under Article 227 of the Constitution of India to get the custody of muddamal vehicle being Maruti Suzuki, Ciaz Car having registration No.GJ-01-RL6534, which is seized by police in connection with FIR being C.R.No.5250/2017 registered with Gambhoi Police Station, Sabarkantha for offences punishable under sections 65(E), 116B, 81 and 98(2) of the Gujarat Prohibition Act.

(2.) The petitioner being the owner of muddamal vehicle moved an application under section 451 of the Code of Criminal Procedure 1973 ['the code for short] before the learned Sessions Judge, Sabarkantha for interim custody of the vehicle during the pendency of the Trial of the case. The learned Magistrate, by his order dated 27.05.2019, rejected the application essentially on the ground of bar contained in section 98(1) of the Prohibition Act and the quantum of sentence prescribed for the offence. The petitioner assailed the order of the learned Magistrate by preferring the Criminal Revision Application No. 46/2019 in the leaned Additional Judicial Magistrate, First Class, Himmatnagar. Learned Magistrate, Himmatnagar by his judgement dated 5.08.2019, confirmed the order passed by the learned Magistrate. The petitioner is therefore, before this Court with the present petition.

(3.) Rule returnable forthwith. Learned APP waives service of notice of rule on behalf of the respondent-State. With consent of the learned advocates for the parties, the matter has taken up for final disposal today.