R/SCR.A/2185/2018 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION NO. 2185 of 2018

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE J.B.PARDIWALA

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1 Whether Reporters of Local Papers may be allowed to

see the judgment ?

2 To be referred to the Reporter or not ?

3 Whether their Lordships wish to see the fair copy of the

judgment ?

4 Whether this case involves a substantial question of law

as to the interpretation of the Constitution of India or any

order made thereunder ?

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ANILKUMAR RAMLAL @ RAMANLALJI MEHTA

Versus

STATE OF GUJARAT

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Appearance:

MR.CHIRAG B UPADHYAY(6735) for the PETITIONER(s) No. 1

DS AFF.NOT FILED (R)(71) for the RESPONDENT(s) No. 2

MR MITESH AMIN, PUBLIC PROSECUTOR for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 05/04/2018

ORAL JUDGMENT

1.

By this writ application under Article 227 of

the Constitution of India, the writ-applicant

has prayed for the following reliefs;

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R/SCR.A/2185/2018 JUDGMENT

“(A) Your lordship may be pleased to admit

and allow this application.

(B) Your lordship may be pleased to quash

and set aside the order dated 31.01.2018

passed by the Hon'ble Add. Sessions Court,

Arvalli in Criminal Revision Application

No.67 of 2017 below Ex.04 and order dated

12.12.2017 passed by the Ld. JMFC, Modasa in

connection with the impugned FIR in the

interest of justice.

(C) Your lordship may be pleased to issue

writ of mandamus or any other writ, order or

direction to the Police Inspector, Modasa

Rural Police Station to handover the custody

of the vehicle having RTO Registration No.RJ

12 PA 2786.

(D) Your lordship may be pleased to pass any

further order/s in the interest of justice.”

2.

The facts giving rise to this writ

application may be summarized as under.

3.

The writ-applicant is a businessman and is

the owner of a luxury bus bearing

registration no. RJ 12 PA 2786. On

04.12.2017,

the

police

received

an

information that the luxury bus referred to

above was to pass through the Shamlaji Check

Post containing a huge quantity of liquor. It

appears that the luxury bus started its

journey from Rajasthan and was proceeding

towards Ahmedabad. The police intercepted the

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R/SCR.A/2185/2018 JUDGMENT

luxury bus at the Shamlaji Check Post and

seized a huge quantity of liquor from the

same. In such circumstances, one passenger,

the driver and the cleaner of the luxury bus

came to be arrested. The luxury bus also came

to be seized by the police.

4.

The writ-applicant being the owner of the

luxury bus came to know about the First

Information Report lodged by the police as

well as the seizure of his luxury bus in

connection with the offence.

5.

The writ-applicant preferred an application

under Section 451 of the Criminal Procedure

Code in the Court of the Additional Judicial

Magistrate First Class, Modasa for release of

the vehicle.

6.

The Additional Judicial Magistrate First

Class, Modasa, by his order dated 12.12.2017,

rejected the application filed by the writ-

applicant herein.

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R/SCR.A/2185/2018 JUDGMENT

7.

Being dissatisfied with the order passed by

the Judicial Magistrate First