GOVINDBHAI SHISPALDAS SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of rule for the respondent - State of Gujarat.

(2.) By way of present petition, under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for release of the muddamal vehicle bearing Registration No.GJ- 06-AZ-6647.

(3.) Having heard submissions made at bar, it appears that the Courts below refused to return Muddamal vehicle in view of provisions of section 98(2) of Gujarat Prohibition Act and Rule 9 framed under the said Act, inasmuch as, the interim custody of the vehicle carrying more than 10 liters liquor cannot be released.