The Gujarat government has made significant changes to the Prohibition Act by issuing an ordinance that empowers authorities to auction vehicles seized for transporting liquor and other narcotics, even before a final court order is issued in such cases.
Earlier this year, during the budget session of the state assembly, the government had introduced a draft bill to amend the Prohibition Act, but it was not tabled. However, the ordinance signed by the governor on July 31 has now come into force with immediate effect.
Under the new provisions, the Deputy Superintendent of Police will be made the designated authority for auctioning vehicles involved in liquor prohibition cases. Earlier, under the Gujarat Liquor Prohibition Act, 1948, any vehicle, animal, carriage, vessel or other conveyance caught carrying intoxicants could not be released on bail or bond until the court gives its final verdict.
The amendment aims to address the problem of vehicles gathering dust outside police stations or court premises while cases remain pending. The objectives of the ordinance highlight the deteriorating condition of such vehicles and the need to auction them to prevent further depreciation.
According to the objectives of the ordinance, “In view of this, the seized vehicles cannot be returned to the owners and they remain unused in the police station or court premises till the final decision of the case, and under these circumstances the condition of the vehicles deteriorates. To deal with this situation, the State Government considers it necessary to amend the said sub-section 2 so as to provide for disposal of such vehicles through auction.”
In case of acquittal, the government has assured that it will refund the price of the auctioned vehicles. Official sources said the government will determine the value of the seized vehicles and keep the amount safe in a designated account.
Sources said, “If an accused is later acquitted by the court, the amount will be returned to its owner. These provisions will be detailed in the rules to be framed for the ordinance.”
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