Guj HC | High Court exercises power under Article 226 to pass order under Gujarat Prohibition Act

Gujarat High Court: The Bench of  Sonia Gokani, J. passed an order of release of the vehicle after levying certain stringent rules under Gujarat Prohibition Act. 

The petitioner was found carrying liquor without any pass or permit. The FIR was filed against the petitioner under the Gujarat Prohibition Act and the vehicle was confiscated. 

The Counsel for the petitioner, D.K. Patel argued that the vehicles have become junk within police station premises as they are kept unattended. Reliance was placed on the case of  Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SC 283.

The Counsel for the respondent, Jirga Jhaveri argued that some stringent condition should be put before releasing of the vehicle. She also contended that the power of the release of vehicle is to be exercised under Article 226 of the Constitution as powers of the Magistrate to order the interim release of the seized vehicle under Section 98(2) Gujarat Prohibition Act. 

The Court after hearing both the parties and exercising its power under Article 226 directed the concerned authority to release the Vehicle after imposing the terms and conditions, and in the event of any subsequent offence, the vehicle shall stand confiscated. [Yogeshbhai Arvindbhai Patel v. State of Gujarat, R/Spl. Crl. Application No. 762 of 2019, Order dated 03-05-2019]

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