Interim Custody of Seized Vehicle -- Bar under Section 98(2) Gujarat Prohibition Act -- Not an absolute embargo on release
(i) Bombay Prohibition Act, 1949 (Gujarat), S.98(2) -- Interim Custody of Seized Vehicle -- Bar under Section 98(2) Gujarat Prohibition Act -- Not an absolute embargo on release -- The restriction on release of a conveyance on bond or surety where the seized quantity of liquor exceeds the prescribed limit cannot be read as an absolute bar disregarding the broader statutory scheme. It operates in a different field from the court's power to grant interim custody of property produced before it during inquiry or trial. (ii) Code of Criminal Procedure, 1973, S.451 -- Interim Custody of Seized Property -- Deterioration Pending Trial -- Balance favours release to owner on security -- Courts must exercise their discretion under Section 451 to grant interim custody of seized property expeditiously, balancing the owner's hardship from loss of use against public interest and preservation of evidence. Vehicles left in police or court custody for prolonged periods deteriorate and lose value, and such property ought not to be retained longer than necessary once evidentiary value can be preserved through panchnama, photography and videography.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
