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april 2024

Supreme Court of India · 2024-04-08

Khengarbhai Lakhabhai Dambhala vs The State Of Gujarat

Citation / case number
2024 INSC 285
Court
Supreme Court of India
Petitioner
Khengarbhai Lakhabhai Dambhala
Respondent
The State Of Gujarat
Author
Bela M. Trivedi
Bench
Pankaj Mithal, Bela M. Trivedi

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's application for the release of a vehicle seized under the Gujarat Prohibition Act, specifically citing Section 98(2) which prohibits release until final judgment when the seized liquor quantity exceeds the prescribed limit. The Court emphasized that the vehicle, carrying 1240 liters of liquor against a permissible limit of 20 liters, was subject to confiscation. The ruling clarified the jurisdiction of the criminal court under Section 451 of the Cr.P.C. regarding the custody and disposal of property pending trial.

Khengarbhai Lakhabhai Dambhala vs The State Of Gujarat · Niyam