Chinubhai Gopaldas Vs. State of Gujarat - Court Judgment

SooperKanoon Citationsooperkanoon.com/733844
SubjectCriminal
CourtGujarat High Court
Decided OnJan-08-1965
Case NumberCriminal Appeal No. 345 of 1964
Judge V.B. Raju, J.
Reported inAIR1966Guj46; 1966CriLJ261; (1965)GLR227
ActsBombay Prohibition Act, 1949 - Sections 98
AppellantChinubhai Gopaldas
RespondentState of Gujarat
Appellant Advocate B.H. Desai, Adv.
Respondent Advocate A.D. Desai, Asst. Government Pleader
DispositionAppeal allowed
Excerpt:
- 1. although two bottles were sent to the chemical analyser, an order for confiscating 1684 bottler was passed undersection 98 of the bombay prohibition act. beforean order can be passed under section 98 of thesaid act, it must be proved that the thing inrespect of which an order is passed is liableto be confiscated. under section 98 of the bombayprohibition act, the entire stock of such intoxicant, hemp, mhowra flowers or molasses canbe confiscated, but it must, be proved thatwhat is to be confiscated is intoxicant, hemp,mhowra flowers or molasses. by showing thattwo bottles are intoxicants, it is not provedthat 1500 and odd other bottles are intoxicants.unless it is proved that 1600 and odd bottlescontained intoxicants, hemp, mhowra flowersor molasses, the order of confiscation in respectof those bottles cannot he passed. the orderof confiscation of all the bottles excepting thetwo bottles which have been sent to the chemical analyser and which have been proved tobe intoxicants is, therefore, set aside. thelearned magistrate should pass necessary ordersfor disposing of the property.
Judgment:

1. Although two bottles were sent to the Chemical Analyser, an order for confiscating 1684 bottler was passed underSection 98 of the Bombay Prohibition Act. Beforean order can be passed under Section 98 of thesaid Act, it must be proved that the thing inrespect of which an order is passed is liableto be confiscated. Under Section 98 of the BombayProhibition Act, the entire stock of such intoxicant, hemp, mhowra flowers or molasses canbe confiscated, but It must, be proved thatwhat is to be confiscated is intoxicant, hemp,mhowra flowers or molasses. By showing thattwo bottles are Intoxicants, it is not provedthat 1500 and odd other bottles are intoxicants.Unless it is proved that 1600 and odd bottlescontained intoxicants, hemp, mhowra flowersor molasses, the order of confiscation in respectof those bottles cannot he passed. The orderof confiscation of all the bottles excepting thetwo bottles which have been sent to the Chemical Analyser and which have been proved tobe intoxicants is, therefore, set aside. Thelearned Magistrate should pass necessary ordersfor disposing of the property.