The central legal point established in the judgment is the interpretation and application of the provisions of the Gujarat Prohibition Act, particularly regarding the definition of 'rotten gur' and the consequences of unlawful possession under Section 98.

ORDER :

[1.0] RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 – State of Gujarat. With the consent of learned advocates appearing for the respective parties, present petition is taken up for final hearing today.

[2.0] By way of present petition under Articles 14, 19(1)(g), 21 and 226 of the Constitution of India read with Sections 451 and 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed for the following reliefs:

“(A) YOUR LORDSHIPS, be pleased to call for the record and proceedings of the offence registered on 25/10/2023 as Prohibition C.R. No.11185001230955 of 2023 with Bhanvad Police Station, District Devbhumi Dwarka, for the offences punishable u/s.64, 70A, 81 and 98(2) of the Gujarat Prohibition Act and after perusing the same, be pleased to issue appropriate writ, order or direction and further be pleased to release the muddamal 205 can (Tin) Rotten Jaggery (gourd), in favour of the petitioner in the interest of justice;

(B) YOUR LORDSHIPS, be pleased to order that pending admission and/or final disposal of this petition the muddamal 205 can (Tin) Rotten Jaggery (gourd) be released in favour of the petitioner upon such terms and conditions as are deemed fit proper in the interest of justice;”

[2.0] The brief facts necessary for the purpose of deciding the present petition are as follows:

[2.1] The petitioner purchased 210 can (Tin) of Rotten Jaggery (hereinafter referred to as “rotten Gur”) vide invoice No.815 dated 05.08.2023 from one Vikeshbhai Bharatbhai Davda. The police personnel received intelligence on 07.08.2023 that the present petitioner without holding any pass and permit has stored rotten gur in his house and therefore, the premises of the petitioner was raided and 205 Tins of rotten gur were seized vide Janva Jog Entry No.24 of 2023 and subsequently, on 25.10.2023, FIR being Prohibition CR No.11185001230955 of 2023 came to be lodged with Bhanvad Police Station, District Devbhumi Dwarka for the offences under Sections 64, 70A, 81 and 98(2) of the Gujarat Prohibition Act Pursuant to the registration of FIR, the petitioner was arrested and thereafter released on bail.

[2.2] The petitioner, for the release of his goods, preferred application before the learned trial Court which came to be rejected. Being aggrieved and dissatisfied, the petitioner preferred Criminal Revision Application No.10 of 2023 which also came to be rejected on 06.09.2023 by the learned Sessions Judge, Devbhumi Dwarka.

Hence, present petition is filed.

[3.0] Learned advocate for the petitioner has submitted that the petitioner is innocent and is engaged in agricultural activity and he used to transport Jaggery for the purpose of cattle feed which was purchased from one Bharat Traders through invoice. Further, the petitioner has never engaged in any illegal activity. Even, the muddamal was not rotten gur and he has submitted that petitioner is ready and willing to abide by any condition that may be imposed by this Court while releasing the muddamal. Learned advocate for the petitioner has mainly contended that the muddamal goods is not a rotten gur but is jaggery used for cattle feed. Further, he has stated that he has purchased the said goods by way of invoice from one Bharat Traders having GST Number and the petitioner is not engaged in illegal activities in any manner and no purpose would be served by confiscating the muddamal goods. The petitioner has relied on the decision of Hon’ble Apex Court in the case of Rajendra Prasad vs. State of Bihar reported in 2002 SCC (Cri.) 1034 and Sunderbhai Ambalal Desai vs. State of Gujarat reported in 2003(2) GLR 1337 and submitted that if is of no use to keep the seized muddamal at the police station for a long period. Hence, he has requested to allow the present petition.

[4.0] Learned APP has vehemently opposed the present petition and submitted that the present petitioner is found in the possession of rotten gur which is prohibited under the