Government of Gujarat vs Vikrambhai Veljibhai Rathva — 3367/2025

Case Summary The court dropped the criminal proceedings and discharged the accused because the investigating officer illegally initiated investigation into non-cognizable offences under the Gujarat Prohibition Act (Section 66(1)(b)) and Motor Vehicles Act (Section 185) without obtaining mandatory prior permission from the competent Magistrate, as required by Section 174(2) of BNSS. The court held that the 2017 amendment deleted the cognizable classification, making these offences non-cognizable due to maximum punishment under six months, and such procedural violation renders the entire investigation illegal and vitiated. This case analysis is maintained by casestatus.in based on publicly available court records.