R/SCR.A/4783/2025 ORDER DATED: 12/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 4783 of 2025 ========================================================== PARMAR CHANDUBHAI JADAVBHAI Versus STATE OF GUJARAT ========================================================== Appearance: MR PRUTHVIRAJSINH V SOLANKI(10190) for the Applicant(s) No. 1 MS JIRGA JHAVERI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 12/06/2025 ORAL ORDER RULE. Learned APP waives service of notice of rule for and on behalf of the respondent – State of Gujarat. When the matter is called out, learned advocate for the petitioner is not present. By way of present petition, the petitioner has sought release of muddamal vehicle. Petitioner is not the registered owner but the brother of the owner of the muddamal vehicle who has expired. Pedigree of the original owner of the vehicle is enclosed and his legal heirs have no objection if the vehicle is released. However, considering the order passed by the learned Magistrate, it appears that the quantity of contraband liquor seized in the present case is more than the permissible limit of 20 liters and therefore, considering section 98(2) of the Gujarat Prohibition Act as well as Rule 9 of Gujarat Prohibition (Liquor Samples and Determination of R/SCR.A/4783/2025 ORDER DATED: 12/06/2025 Quantity Seized Liquor) Rules, 2012 and 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.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/06/2025 17:48:57