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1 - 9 of 9 (0.21 seconds)Gujarat Prohibition Act, 1949
Section 98 in Gujarat Prohibition Act, 1949 [Entire Act]
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.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Article 227 in Constitution of India [Constitution]
Section 451 in The Code of Criminal Procedure, 1973 [Entire Act]
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
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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.
Section 123 in Gujarat Prohibition Act, 1949 [Entire Act]
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