NILESH RAMESHBHAI RATHVA vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/15779/2026 JUDGMENT DATED: 03/11/2026
(GJHC240785802026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 15779 of 2026
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NILESH RAMESHBHAI RATHVA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NAYAN L GUPTA(11798) for the Applicant(s) No. 1
MS DHWANI TRIPATHI, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI

Date : 03/11/2026

JUDGMENT
Rule. Learned APP waives notice of rule for and on
behalf of the respondent.
The petitioner has preferred this petition, seeking to
invoke extraordinary jurisdiction of this Court under Article
226 and supervisory jurisdiction under Article 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 Car
Celerio bearing RTO registration No. GJ-34-H-3016 .
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 same, on carrying out
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R/SCR.A/15779/2026 JUDGMENT DATED: 03/11/2026
(GJHC240785802026)
the search of the said vehicle, its driver was found carrying
liquor without any pass or permit. Therefore, an FIR being
C.R. No.11196017260398 registered with Panigate Police
Station for the offence punishable under the Prohibition Act .
3. Heard learned advocate for the petitioner and learned
APP for the respondent.
4. 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', 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.
5. 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 any time, whenever
the Court deems it appropriate.
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.
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R/SCR.A/15779/2026 JUDGMENT DATED: 03/11/2026
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7. It would be worthwhile to refer profitably at this stage to
the observations made by the Apex Court in 'SUNDERBHAI
AMBALAL DESAI VS. STATE OF GUJARAT' (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 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
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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 Car
Celerio bearing RTO registration No. GJ-34-H-3016 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.
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
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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. In case of hypothecation, copy of the original NOC be
provided to the Registry within a week, if not provided so far.
Registry to issue writ only after receiving original copy of the
NOC from the learned advocate for the petitioner.
14. Rule is made absolute, accordingly. Direct service is
permitted.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
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