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Pareshkumar Jaykarbhai Brahmbhatt vs State Of Gujarat on 15 December, 2017

6. Learned APP has opposed this application. He has submitted that Section 98(2) of the Gujarat Prohibition Act contains restriction against releasing custody of a vehicle involved in an offence under the said Act. She has further relied upon the decision of this Court in case of Pareshkumar Jaykarbhai Brahmbhatt vs. State of Gujarat decided on 15.12.2017 in support of his contention. She has further submitted that there is all possibility that the vehicle would be used for commission of similar offences if the custody is given to the petitioner. Thus, submitting, she has prayed for rejection of this application. As regards decisions of the Coordinate Benches exercising jurisdiction under Article 226 for Page 2 of 6 Downloaded on : Thu Jan 13 04:19:52 IST 2022 R/SCR.A/8823/2020 ORDER releasing vehicles, Shri Mitesh Amin, learned PP is not able to offer any justifiable reason as to why benefits as extended by Coordinate Benches of this Court to the applicants therein should not be made available to the applicant herein.
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