J.B. PARDIWALA, J.

1. As the issues raised in all the captioned petitions are the same, those were heard analogously and are being disposed of by this common judgment and order.

2. For the sake of convenience, the Special Criminal Application No.8521 of 2017 is treated as the lead matter.

3. By this application under Article 227 of the Constitution of India, the applicant calls in question the legality and validity of the order dated 12th October 2017 passed by the Principal Sessions Judge, Kheda at Nadiad in the Criminal Revision Application No.117 of 2017, by which the Revisional Court rejected the revision application filed by the applicant herein, thereby affirming the order passed by the Additional Judicial Magistrate First Class, Kapadvanj dated 27th September 2017 below Exhibit 1 in connection with the First Information Report bearing prohibition C.R. No.186 of 2017 registered with the Kapadvanj Police Station for the offence punishable under Sections 65E, 116B and 81 of the Gujarat Prohibition Act.

4. The facts giving rise to this application may be summarised as under :

4.1 The petitioner herein is the registered owner of a motor car namely HYUNDAI CRETA bearing registration No.GJ-23-BD-6082. On 17th September, 2017, one First Information Report came to be registered in the Kapadvanj Police Station, District: Kheda. Three persons namely Prakashchandra, Jivansinh Rajavat and Chetanlal Kalusinh were named as the accused in the F.I.R. The F.I.R. was registered in connection with the offence punishable under the Gujarat Prohibition Act.

5. It appears from the materials on record that the vehicle in question i.e. of the ownership of the applicant herein was used for the purpose of illegal transport of liquor exceeding 10 litres in quantity.

6. As the car came to be seized by the police, the applicant herein preferred an application under Section 451 of the Code of Criminal Procedure, 1973 for the interim release of the same. This application came to be rejected by the Magistrate substantially relying on the provisions of Section 98(2) of the Gujarat Prohibition Act read with Rule 9 of the Gujarat Prohibition (Liquor Samples and Determination of Quantity Seized Liquor) Rules, 2012. The Magistrate took the view that the powers under Section 451 of the Cr.P.C. for the purpose of interim release of the vehicle pending the trial or confiscation proceedings have been curtailed by virtue of Section 98(2) of the Gujarat Prohibition Act.

7. The applicant, being dissatisfied with the order passed by the Magistrate concerned, filed a revision application before the Sessions Court, Kheda. The revision application filed by the applicant also came to be rejected by the Principal Sessions Judge observing as under :

“Issue No.1 :

7. I have considered the impugned order of the Ld. Lower Court. The impugned order is mainly based upon Section 98(2) of the Gujarat Prohibition Act, 1949, and Rule 9 of Gujarat Prohibition (Liquor Samples & Determination of Quantity Seized Liquor) Rules, 2012, which are as under :

(a). Section 98(2) of the Gujarat Prohibition Act, 1949, is as under :

98. Things liable to confiscation :

(1). XXX

(2). Any receptacle, package or covering in which any of the articles liable to confiscation under sub-section (1) is found and the other contents of such receptacle, package or covering and the animals, carts, vessels or other conveyances used in carrying any such article shall likewise be liable to confiscation by the order of the Court [but it shall not be released on bond or surety till the final judgment of the Court where the quantity of the seized liquor is exceeding the quantity as may be prescribed by the rules].

(b). Rule 9 of Gujarat Prohibition (Liquor Samples & Determination of Quantity Seized Liquor) Rules, 2012, is as under :

Rule 9. Seizure of vehicles when quantity more than 10 liters :- Where the quantity of liquor seized is more than 10 liters in respect of any offence punishable under the Act, the vehicle or