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Sunderbhai Ambalal Desai vs State Of Gujarat on 18 November, 2002

Further, though as per the regulation, the prohibited goods transported in the muddamal vehicle is more than the permissible limit i.e. exceeding 20 liters, due to this reason the vehicle is liable to be confiscated by the government, both the Courts below have not committed any error in passing the order of denying the interim custody of the vehicle to the petitioner however, till date no confiscation proceedings being initiated and vehicle remained in the police station as it is. In absence of any such material or initiation of confiscation of vehicle, it is expedient to avoid situation of vehicle getting deteriorated pending the trial and hence, keeping in mind the aforesaid peculiar fact and keeping in mind the law laid down by the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat reported in (2002)10 SCC 283, with certain stringent conditions, present petition deserves consideration in exercise of powers under Article 226 of the Constitution of India.
Supreme Court of India Cites 0 - Cited by 21090 - Full Document

Khengarbhai Lakhabhai Dambhala vs State Of Gujarat on 8 June, 2023

[7.1] Keeping in mind the law laid down by the Hon'ble Supreme Court in the case of Khengarbhai Lakhabhai Dambhala vs. The State of Gujarat reported in 2024 INSC 285 as well as the provision of section 98(2) of the Prohibition Act (amended on 31.07.2024), the respondent - authority failed to show or point out that after the amendment under Section 98(2) of the Page 2 of 4 Uploaded by SUCHITKUMAR PATEL(HC01083) on Wed Jul 23 2025 Downloaded on : Wed Jul 23 23:26:57 IST 2025 NEUTRAL CITATION R/SCR.A/10157/2025 ORDER DATED: 22/07/2025 undefined Prohibition Act, confiscation of the seized vehicle being done and auction proceedings have been initiated or for the said procedure, authority has approached the learned Magistrate.
Gujarat High Court Cites 4 - Cited by 0 - S J Dave - Full Document
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