R/SCR.A/3948/2025 ORDER DATED: 20/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 3948 of 2025 ========================================================== SAMPATLAL DIPCHANDRA LUHAR (LOHAR) Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. HARSHAD D BAROT(7287) for the Applicant(s) No. 1 MR NR SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 20/06/2025 ORAL ORDER RULE. Learned APP waives service of notice of rule for and on behalf of the respondent – State of Gujarat. By way of present petition, the petitioner has sought release of muddamal vehicle. Perusing the record, it appears that both the Courts below have considered the mandate of section 98(2) of the Gujarat Prohibition Act as well as Rule 9 of Gujarat Prohibition (Liquor Samples and Determination of Quantity Seized Liquor) Rules, 2012 and the fact that the quantity of contraband liquor seized in the present case is more than the permissible limit of 20 liters. Therefore, in view of the decision of the Hon’ble Apex Court in case of Khengarbhai Lakhabhai Dambhala vs. The State of Gujarat reported in 2024 INSC 285 and Pareshkumar Jaykarbhai Brahmbhatt vs. State of Gujarat reported in 2018(1) GLR 558, no case is made out to entertain the present petition in exercise of powers under Article 226 of the Constitution of India and hence, present petition is dismissed. Rule is discharged. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 21/06/2025 12:57:30