JUDGMENT :

1. By way of this application, the applicant-State seeks to invoke the extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India so also inherent powers under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing of the order dated 03.10.2017 passed by learned 2nd Ad-hoc Addl. District & Sessions Judge, Valsad in Criminal Revision Application No.252 of 2017 and to confirm the order dated 10.08.2017 passed in relation to offence registered at Valsad City Police Station, Valsad being III-C.R. No.16 of 2017 by the learned Judicial Magistrate, First Class, Valsad.

2. The facts giving rise to the present application may be summarized as under;

2.1 One Pramod Shaligram, Police Constable, Buckle No.501, serving at L.C.B., Valsad lodged a first information report stating that while he was on patrolling duty along with the other police staff, at that time, one white coloured unnumbered Alto Car overtook them and moved ahead which created suspicion in their mind about illegal trafficking of prohibited liquor and, therefore, the police also overtook the said vehicle and gave a signal to the driver of the vehicle to stop the car, however, the driver immediately stopped the car and tried to ran away. Therefore, the police staff followed him, however, taking advantage of the darkness, he fled into the bush situated next to the highway and, therefore, could not be caught. Thereafter, when the said car was searched, number of bottles and tins of whiskey and beer were found. The police also seized the alleged Alto Car. Accordingly, offence under Sections 65(e) and 116B of the Prohibition Act was registered.

3. Learned APP Mr. L.B. Dabhi appearing for the applicant- State of Gujarat submits that a complaint came to be registered by a public servant serving in the police department as a head constable being C.R. No.III-16 of 2017 for the offence punishable under Sections 65(e) and 116(B) of the Prohibition Act alleging illegal transportation of the prohibited liquor by the accused persons. It is alleged in the FIR that upon suspicion being created in the mind of the police with regard to illegal trafficking of prohibited liquor, they intercepted one Alto Car from which number of bottles and tins of whiskey and beer were found and, therefore, the said car was then seized by the police. Learned APP Mr. Dabhi further submits that, therefore, the owner of the said vehicle filed an application under section 451 of Cr.P.C before the learned Judicial Magistrate, First Class, Valsad for interim release of the said vehicle by producing all the relevant materials regarding the ownership of the vehicle. After hearing both the parties and appreciating all the materials available on record, the learned Magistrate rejected the said application vide order dated 10.08.2017 by observing that there is a specific bar under Section 98(2) of the Gujarat Prohibition Act which provides that any muddamal article seized in connection with the prohibition offence, cannot be released on any kind of bond or surety till the final judgment of the court when the quantity of the seized liquor exceeds 10 liter. Admittedly, the prohibited liquor found from the vehicle in question was more than 10 liter and, therefore, the learned Magistrate has rightly rejected the application as there are specific restrictions imposed by the statute itself.

4. The aforesaid order passed by the learned JMFC, Valsad, was challenged before the revisional court by filing a revision application which was allowed by the learned Sessions Court, Valsad by impugned order dated 03.10.2017, ordering interim release of the muddamal vehicle by quashing and setting aside the order of the learned Judicial Magistrate, Valsad dated 10.08.2017. Being aggrieved, the applicant is here before this Court with the present application.

5. Learned APP Mr. Dabhi submits that the impugned order passed by the learned Ses