Shobhadevi Sanjaykumar Shah vs State Of Gujarat on 18 June, 2020

[Cites 3, Cited by 118]

Gujarat High Court

Shobhadevi Sanjaykumar Shah vs State Of Gujarat on 18 June, 2020

Bench: A.C. Rao

        R/SCR.A/2033/2020                                             ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION NO. 2033 of 2020

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                    SHOBHADEVI SANJAYKUMAR SHAH
                                Versus
                         STATE OF GUJARAT
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR HK PATEL APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.C. RAO

                                  Date : 18/06/2020
                                   ORAL ORDER

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

2. By way of present petition, under Article 226 and 227 of the Constitution of India, the petitioner has prayed for release of the muddamal vehicle bearing Registration No.GJ-05-KJ-7477.

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.

4. While opposing this application the learned APP Mr. Patel has contended that the applicant is Page 1 of 3 Downloaded on : Thu Jun 18 23:22:24 IST 2020 R/SCR.A/2033/2020 ORDER also an accused in another offence and there is criminal antecedent under Prohibition cases, therefore, the present application may be rejected.

5. Without taking this issue any further, it appears that there is nothing to show that the vehicle was used for transporting the liquor. On this count I am of the view that the present petition is required to be allowed.

6. Resultantly, present petition is hereby allowed. The impugned order dated 1.1.2020 passed by 8th Addl. Sessions Judge, Surat in Criminal Revision Application No.422 of 2019 and dated 12.12.2019 passed by 12th (Ad-hoc) Addl. ACJ & JMFC, Surat are hereby quashed and set aside with a direction to the respondent authorities to immediately release the muddamal vehicle having registration No.GJ-05-KJ-7477 on the following conditions that:-

(i) The petitioner shall file an undertaking on oath before the learned trial Court that she shall not transfer, alienate or part with possession of the vehicle till conclusion of the trial and further, produce the vehicle as and when the Court directs her to do so.

(ii) The petitioner shall not change the colour and scheme of the vehicle.

Page 2 of 3 Downloaded on : Thu Jun 18 23:22:24 IST 2020

R/SCR.A/2033/2020 ORDER

(iii) Before release of the vehicle, the police authority shall take photographs of the vehicle at the cost of the petitioner.

7. Rule is made absolute to the aforesaid extent. Direct service is permitted.

Registry to communicate this order to the concerned authority forthwith.

(A. C. RAO, J) BEENA SHAH/DOLLY Page 3 of 3 Downloaded on : Thu Jun 18 23:22:24 IST 2020

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