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2025 DAILYLAW 7811 (GUJ)

JIGNESHBHAI JAYANTIBHAI RAVAL v. STATE OF GUJARAT

SCR.A/10874/2025 · 2025-09-23

Hasmukh D Suthar

body2025

Judgment text

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R/SCR.A/10874/2025 ORDER DATED: 23/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 10874 of 2025 ========================================================== JIGNESHBHAI JAYANTIBHAI RAVAL Versus STATE OF GUJARAT ========================================================== Appearance: MR JM BAROT(143) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 23/09/2025 ORAL ORDER By way of present petition, the petitioner has sought release of muddamal vehicle. Perusing the record, it appears that Jashiben Ramanji Thakor is the original owner of the muddamal vehicle and NOC is also issued in favor of Jashiben Thakor on 16.04.2024. Further, 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. (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 23/09/2025 15:10:32