Popatbhai Alabhai Kodiyatar vs State Of Gujarat

1. RULE. Learned APP waives service of Rule on behalf of the respondent.

2. By way of the present petition under Article 226 of the Constitution of India, the petitioner has prayed as under:

" 8[B] THIS HON'BLE COURT MAY BE PLEASED TO be pleased to call for the record and proceedings of the offence registered 06/03/2017 registered as Prohi. CR.NO.III-57 of 2017 with Bhanvad Police Station, Devbhoomi Dwarka for the offences punishable U/s. 66(1) (B), 65(A)(E), 116(B) and 81 of the Gujarat Prohibition ct and also the record of from the Court of Learned Judicial Magistrate First Class, Bhanvad in Muddamal Application being Exhibit-39 in Criminal Case No. 491 of 2017 and Criminal Revision Application No. 32 of 2019 from the Court of Learned Sessions Judge, Devbhoomi Dwarka at Khambhaliya, along wih the order passed thereon, and after perusing the same, be pleased to quash and set aside the impugned judgment and order dated 27/09/2019 and 22/11/2019 respectively in the interest of justice.

8[C] THIS HON'BLE COURT MAY BE PLEASED TO be pleased to order that pending admission and/or final disposal of this petition the muddamal vehicle TATA TRUCK bearing registration number GJ-10-X- 7785 having chassis No. 426031JTZ745239 and Engine No. 60H62504076 may be released in favour of the petitioner upon such terms and condition as are deemed fit proper in the interest of justice.

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3. I have heard Mr. Imtiyaz Mansuri, learned advocate appearing for the petitioner and learned Additional Public Prosecutor for the respondent-State. It is alleged that the vehicle involved in the crime has Page 1 of 3 Downloaded on : Sat Aug 29 02:47:42 IST 2020 R/SCR.A/2771/2020 ORDER been used for transporting the liquor, which has not been released.

Reliance is placed by him on the orders dated 14.07.2020 and 23.07.2020 passed by the Coordinate Benches in Special Criminal Application No.2692 of 2020 and Special Criminal Application No.3012 of 2020, respectively wherein, this Court has taken a similar view of release the muddamal in these criminal matters.

4. Learned APP Ms. Pathak has vehemently opposed the present application. She has submitted that the issue is pending before the Apex Court and the applicant is also having antecedents and hence, the mudammal may not be released.

5. Considering the facts and circumstances of the case and orders dated 14.07.2020 and 23.07.2020 passed by the Coordinate Benches in Special Criminal Application No.2692 of 2020 and Special Criminal Application No.3012 of 2020, respectively, the petition requires consideration and the same is allowed. Hence, the following order:

(i) The petitioner shall execute a bond, within a period of one week from today, for the production of the vehicle so released, if and when required before the authorized officer.

(ii) The petitioner shall not use the vehicle involved in the crime in such activities, in future.

(iii) The petitioner shall not sell, transfer or alienate the vehicle in any manner, pending the confiscation proceedings, and shall produce the vehicle before the authorized officer, as and when call upon to produce the same for the purpose of further proceedings in the matter.

R/SCR.A/2771/2020 ORDER

6. The petitioner is directed to file an undertaking on oath on the above terms, and on filing such an undertaking before the authorized officer or the authority concerned, the authorized officer shall immediately release the vehicle and hand over the same to the petitioner.

7. Rule made absolute to the aforesaid extent. Registry is directed to communicate the present order to the concerned police station through Fax message, email and/or any other suitable electronic mode.

Sd/-

(A. S. SUPEHIA, J) NEHA GUPTA///ABHISHEK Page 3 of 3 Downloaded on : Sat Aug 29 02:47:42 IST 2020