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1 - 10 of 12 (0.32 seconds)Section 98 in Gujarat Prohibition Act, 1949 [Entire Act]
Pareshkumar Jaykarbhai Brahmbhatt vs State Of Gujarat on 15 December, 2017
4. Learned Public Prosecutor appearing for the respondent-
State vehemently contended that the muddamal vehicle was
involved in the offence under the Act and that in view of the
embargo contemplated under the provisions of section 98 of
the Act, the Courts below are not empowered to release the
muddamal vehicle. Reliance has been placed on the judgment
of this Court (Coram:J.B. Pardiwala, J.) in the case of
Pareshkumar Jaykarbhai Brahmbhatt v. State of Gujarat
rendered in Special Criminal Application No.8521 of 2017
decided on 15.12.2017, wherein it has been held that the
Courts below have no jurisdiction to hand over custody of the
muddamal vehicle in view of the embargo under section 98 of
the Act. It was submitted that a petition being S.L.P. (Cri.)
No.886 of 2018 is pending before the Apex Court in respect
of the said issue and therefore, no powers may be exercised
by this Court by releasing the muddamal vehicle seized by the
police in connection with an offence under the Act. It was,
however, urged that the powers of this Court under Article
226 of the Constitution to order release of the vehicle can be
exercised at any time whenever the Court deems it
appropriate. It was, accordingly, urged that the present
petition may not be entertained.
Anilkumar Ramlal @ Ramanlalji Mehta vs State Of Gujarat on 5 April, 2018
(ii) Anilkumar Ramlal @ Ramanlalji Mehta Vs. State of Gujarat
rendered in Special Criminal Application No.2185 of 2018 dated
05.04.2018;
Rathod Gopalbhai Devabhai vs State Of Gujarat on 21 December, 2018
(vi) Rathod Gopalbhai Devabhai Vs. State of Gujarat rendered in
Special Criminal Application No.10964 of 2018 dated 21.12.2018;
Article 227 in Constitution of India [Constitution]
Section 81 in Gujarat Prohibition Act, 1949 [Entire Act]
Sunderbhai Ambalal Desai vs State Of Gujarat on 18 November, 2002
8. Considering the factual aspects of the case and the
principle rendered in Sunderbhai Ambalal Desai's case
(supra), this Court is of the considered opinion that the
custody of the vehicle, if granted in favour of the petitioner on
stringent terms and conditions, no prejudice is likely to be
caused to the prosecution. Further, in the decisions referred
to herein above, the coordinate Benches have ordered release
of the muddamal vehicles on suitable conditions. Except the
fact that in view of the embargo provided in Section 98 of the
Act, nothing adverse has been pointed out by the learned
Public Prosecutor for not exercising the powers under Article
226 of the Constitution.
Section 116B in Gujarat Prohibition Act, 1949 [Entire Act]
Munavarbhai Dadabhai Sandhi vs State Of Gujarat on 19 July, 2018
(iii) Munavarbhai Dadabhai Sandhi Vs. State of Gujarat rendered in
Special Criminal Application No.4996 of 2018 dated 19.07.2018;