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Arunkumar Shankarlal Sharma Thro Poa ... vs State Of Gujarat on 1 October, 2020 cites

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

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, [2018 (1) GLH 558], it has been held by the coordinate Bench of this Court that the Courts below have no jurisdiction to hand over custody of the muddamal vehicle in view of the embargo under Page 3 of 7 Downloaded on : Fri Oct 02 04:19:16 IST 2020 R/SCR.A/4092/2020 ORDER section 98 of the Act.
Gujarat High Court Cites 124 - Cited by 15181 - J B Pardiwala - Full Document

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 applicant 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 Page 5 of 7 Downloaded on : Fri Oct 02 04:19:16 IST 2020 R/SCR.A/4092/2020 ORDER has been pointed out by the learned Additional Public Prosecutor for not exercising the powers under Article 226 of the Constitution. Further, this Court has ordered release of muddamal vehicles even in instances under section 98(2) of the amended Act and hence, the Court can consider cases falling under section 99 of the Act as well.
Supreme Court of India Cites 0 - Cited by 21090 - Full Document
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