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BELA M. TRIVEDI, PANKAJ MITHAL
Khengarbhai Lakhabhai Dambhala – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Bela M. Trivedi, J.
1. The appellant, claiming to be the owner of the vehicle being Eicher 10.80 (Blue) bearing no. GJ 05-BT-0899, seized as Muddamal Article in connection with the FIR bearing Criminal No.11200038231465/2023, for the offence Under Section 65- (a)(e),81,98(2),116(2) of Gujarat Prohibition Act and U/s 465, 468, 471, 114 of IPC registered with the Pardi Police Station, District Valasad, had filed the Special Criminal Application No.6465 of 2023 before the High Court of Gujarat at Ahmedabad seeking release of the said vehicle. The said Application having been dismissed by the High Court vide the impugned order dated 08.06.2023, the present Appeal has been filed.
2. In the instant case, it appears that the police personnel when they were on patrolling duty had intercepted the vehicle in question on the basis of a secret information received by them. It was alleged that the driver of the said vehicle was carrying English Liquor (1240.200 litres) worth of rupees 7 lakhs in the said vehicle without any pass or permit. The said vehicle along with the liquor was seized and the aforestated FIR was registered against the accused Lakhabhai Khengarbhai (the son of the p
(1) Release of seized vehicle – It is criminal court before whom property in question is sought to be produced, would have jurisdiction and power to pass appropriate orders for proper custody or disp....
The Special Excise Court lacks jurisdiction to release seized vehicles under the Bihar Prohibition and Excise Act, but the High Court retains writ jurisdiction to address arbitrary seizures.
A registered owner of a vehicle seized in connection with a narcotics offence, who is not an accused, is entitled to interim custody of the vehicle, subject to meeting certain conditions to ensure co....
The court can allow the release of a seized vehicle on conditions despite ongoing confiscation proceedings if initial proceedings were not timely initiated.
The main legal point established in the judgment is that the lower courts must determine their own jurisdiction under Section 457 Cr.P.C. to release a seized vehicle during pending confiscation proce....
The main legal point established in the judgment is the requirement for expeditious initiation and conclusion of confiscatory proceedings under the Bihar Prohibition and Excise Amendment Act, 2018, a....
Confiscation of vehicles under the NDPS Act must follow the prescribed procedural safeguards; failure to provide a hearing renders the order illegal.
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