GAMETI RAMESHBHAI BABUBHAI vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/15402/2026 JUDGMENT DATED: 27/10/2026
(GJHC240751232026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 15402 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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GAMETI RAMESHBHAI BABUBHAI
Versus
STATE OF GUJARAT
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Appearance:
KRUNAL S MEHTA(9227) for the Applicant(s) No. 1
MR FEHAD A MEMON(13378) for the Applicant(s) No. 1
MR. KANVA ANTANI, APP, for the Respondent(s) No. 1
================================================================
CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 27/10/2026
JUDGMENT
Rule . Learned APP waives notice of rule for and on behalf of the
respondent.
1. The petitioner has preferred this petition, seeking to invoke
extraordinary jurisdiction of this Court under Articles 226 and 227 of
the Constitution of India so also inherent powers of this Court under
Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a
prayer to release Muddamal Vehicle i.e. Motorcycle bearing RTO
registration No. GJ-18-DJ-6164.
2. The case of the prosecution is that while the police personnel
were on patrolling, they received a secret information of the vehicle in
question carrying liquor and when police authorities intercepted the
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R/SCR.A/15402/2026 JUDGMENT DATED: 27/10/2026
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same, on carrying out the search of the said vehicle, its driver was
found carrying liquor without any pass or permit. Therefore, an FIR
being C.R. No.11188010260249 of 2026 came to be registered with
Shamlaji Police Station, Aravalli, for the offence punishable under
Sections 65-(a) and 65(e) of the Prohibition Act.
2.1 He submitted that the petitioner preferred an application for
release of the said vehicle however, the said application came to be
rejected vide order dated 14.08.2026 by learned Additional Chief
Judicial Magistrate Bhiloda. Thereafter, he preferred Criminal Revision
Application No.164 of 2026 for challenging the order dated
14.08.2026.The said revision application also came to be rejected vide
order dated 01.09.2026. He submitted that the learned trial Court as
well as Sessions Court ought to have appreciated that if the
motorcycle is not released, then the same may get junked and
deteriorated and therefore, the trial Court ought to have released the
muddamal.
3. Learned Advocate for the petitioner has urged that this Court
has wide powers, while exercising such powers under Article 226 of
the Constitution. It can also take into account the ratio laid down in
the case of SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT,
reported in AIR 2003 SC 638 wherein, the Apex Court lamented the
scenario of number of vehicles having been kept unattended and
becoming junk within the police station premises.
4. Learned APP for the respondent has objected the submissions
made by learned advocate for the petitioner in view of the provisions
of confiscation of the vehicle contained in the Prohibition Act,
however, did not dispute that powers of this Court under Article 226
of the Constitution to order release of the vehicle can be exercised at
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any time, whenever the Court deems it appropriate. Learned APP
appearing for the respondent-State submitted that, having regard to
the facts and circumstances of the case, appropriate orders may be
passed.
5. Heard learned counsels for the parties.
6. Having considered the submissions of learned counsels for the
parties, and having gone through the record, it emerges that the
petitioner is registered owner of the vehicle bearing registration No.
GJ-18-DJ-6164 which came to be seized in connection with FIR bearing
C.R. No.11188010260249 of 2026 came to be registered with Shamlaji
Police Station, Aravalli.
6. The coordinate bench of this Court in the case of Musa Khan Jat Vs.
State of Gujarat (SCR.A/7190/2017) , in an identical case, released
the vehicle by exercising the power under Articles 226 and 227 of the
Constitution of India.
7. It would be worthwhile to refer profitably at this stage to the
observations made by the Apex Court in 'SUNDERBHAI AMBALAL
DESAI (supra), which read as under:
"15. Learned senior counsel Mr. Dholakia, appearing for the State
of Gujarat further submitted that at present in the police station
premises, number of vehicles are kept unattended and vehicles
become junk day by day. It is his contention that appropriate
directions should be given to the Magistrates who are dealing with
such questions to hand over such vehicles to its owner or to the
person from whom the said vehicles are seized by taking
appropriate bond and the guarantee for the return of the said
vehicles if required by the Court at any point of time.
16. However, the learned counsel appearing for the petitioners
submitted that this question of handing over vehicles to the person
from whom it is seized or to its true owner is always a matter of
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litigation and a lot of arguments are advanced by the concerned
persons.
17. In our view, whatever be the situation, it is of no use to keep
such seized vehicles at the police stations for a long period. It is for
the Magistrate to pass appropriate orders immediately by taking
appropriate bond and guarantee as well as security for return of
the said vehicles, if required at any point of time. This can be done
pending hearing of applications for return of such vehicles."
8. Recently, the Hon’ble Apex Court in case of M/s ABC Express
Vs. State of Gujarat, 2026 LiveLaw (SC) 885 noticed interplay of
section 451 of the Code of Criminal Procedure, 1973 (section 497 of
BNSS) and section 98 of the Gujarat Prohibition Act, 1949 and held
that section 98(2) of the Gujarat Prohibition Act, 1949 does not
operate as an absolute embargo against the release of a seized vehicle
on interim custody pending trial. It is further observed by the Hon’ble
Apex Court that the Court is competent to exercise powers u/s 451 of
the Code to pass appropriate order for its proper custody.
9. Resultantly, this petition is allowed .
10. The learned Trial Court/authority concerned is directed to
release the vehicle of the petitioner being Motorcycle bearing RTO
registration No. GJ-18-DJ-6164 on the terms and conditions that the
petitioner:
(i) shall furnish a solvent surety of the amount equivalent to the
price of the vehicle in question stated in the FIR.
(ii) shall file undertaking before the learned Trial Court that he
shall not transfer the vehicle till final disposal of the trial.
(iii) shall produce the vehicle as and when directed by the
learned Trial Court.
(iv) in the event of any subsequent offence, the vehicle shall
stand confiscated.
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11. Before release of the vehicle, concerned police authority shall
take photographs of the vehicle from all sides at the cost of the
petitioner and shall draw necessary panchanama to that effect. Said
panchanama and photographs shall be part of charge sheet papers for
the purpose of trial.
12. Copy of this order be send to concerned RTO, where the vehicle
is registered, for necessary entry in the Register and to take notice
that this Court has restrained transfer of vehicle till final disposal of
the trial. Such transfer shall be subject to any order that may be
passed by the learned Trial Court permitting transfer of vehicle.
13. Rule is made absolute, accordingly. Direct service is permitted.
(MOOL CHAND TYAGI, J)
SIDDHARTH
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