SHASHIKANT DITABHAI DAMOR vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/6368/2026 JUDGMENT DATED: 29/10/2026
(GJHC240325702026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 6368 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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SHASHIKANT DITABHAI DAMOR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR M A CHAUHAN(11262) for the Applicant(s) No. 1
MR. ADITYA JADEJA, APP, for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 29/10/2026
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 with a prayer to release
Muddamal Vehicle i.e. Eicher Company Tractor and Trolly bearing
RTO registration No. GJ-20-B-5982.
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 the search of
the said vehicle, its driver was found carrying liquor without any
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R/SCR.A/6368/2026 JUDGMENT DATED: 29/10/2026
(GJHC240325702026)
pass or permit. Therefore, an FIR being C.R. No.11821051260202
of 2026 came to be registered with Chakaliya Police Station,
Dahod, for the offence punishable under Sections 98(2), 116(B),
65(e) and 81of 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 08.04.2026 by learned Additional
Chief Judicial Magistrate Jhalod. Thereafter, he preferred
Criminal Revision Application No.77 of 2026 for challenging the
order dated 08.04.2026.The said revision application also came to
rd
be rejected vide order dated 15.04.2026 by learned 3 Additional
Sessions Judge, Dahod. He submitted that the learned trial Court
as well as Sessions Court ought to have appreciated that if the
Tractor and Trolly 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
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R/SCR.A/6368/2026 JUDGMENT DATED: 29/10/2026
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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. 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-20-B-5982. which came to be seized in
connection with FIR bearing C.R. No.11821051260202 of 2026
came to be registered with Chakaliya Police Station.
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
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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 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 Eicher Company
Tractor and Trolly bearing RTO registration No.GJ-20-B-5982. on
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R/SCR.A/6368/2026 JUDGMENT DATED: 29/10/2026
(GJHC240325702026)
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
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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