Gujarat High Court
Kadarbhai Alibhai Patra vs State Of Gujarat on 17 June, 2020
Author: A. C. Rao
Bench: A.C. Rao
R/SCR.A/8958/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8958 of 2019
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KADARBHAI ALIBHAI PATRA
Versus
STATE OF GUJARAT
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Appearance:
MR HARSHIL C DATTANI(6241) for the Applicant(s) No. 1
MR HK PATEL, APP(2) for the Respondent(s) No. 1
RULE NOT RECD BACK(63) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR. JUSTICE A.C. RAO
Date : 17/06/2020
ORAL ORDER
1. 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-01-KB-4523.
2. 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.
3. The learned advocate Mr.Harshil Dattani, for the petitioner, submitted that the petitioner is not the sole accused in the charge-sheet. It is contended that without his permission the liquor Page 1 of 3 Downloaded on : Wed Jun 17 22:36:43 IST 2020 R/SCR.A/8958/2019 ORDER was transported in the vehicle owned by him. It is contended that the petitioner being an innocent person, his vehicle is required to be released.
4. Per contra, the learned APP Mr. Patel has contended that the order of release of muddamal passed by the coordinate Bench of this Court has been challenged before the Supreme Court and till the dispute is pending before the Supreme Court, the present petition should not be decided.
5. After considering the rival submissions and considering the fact that though the liquor was found from the vehicle owned by the present petitioner, but he is not charged in the charge- sheet by the prosecution itself. Resultantly, present petition is hereby allowed. The impugned order dated 06/12/2018 passed by the Judicial Magistrate First Class at Kalavad in CRMA/224/2018 and the order dated 02/02/2019 passed by the 3rd Additional Sessions Judge, Jamnagar in Criminal Revision Application No.168 of 2018 are hereby quashed and set aside with a direction to the respondent authorities to immediately release the muddamal vehicle having registration No.GJ-01-KB-4523 on the following conditions that:-
(i) The petitioner shall file an undertaking on oath before the learned trial Court that he shall not transfer, alienate or part with Page 2 of 3 Downloaded on : Wed Jun 17 22:36:43 IST 2020 R/SCR.A/8958/2019 ORDER possession of the vehicle till conclusion of the trial and further, produce the vehicle as and when the Court directs him to do so.
(ii) The petitioner shall not change the colour and scheme of the vehicle.
(iii) Before release of the vehicle, the police authority shall take photographs of the vehicle at the cost of the petitioner.
6. Rule is made absolute to the aforesaid extent. Direct service is permitted.
Registry to communicate this order to the concerned Court/ authority forthwith.
(A. C. RAO, J) BEENA SHAH/DOLLY Page 3 of 3 Downloaded on : Wed Jun 17 22:36:43 IST 2020