PREMDAN S/O JEETDAN CHARAN vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/14368/2026 JUDGMENT DATED: 03/11/2026
(GJHC240749852026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 14368 of 2026
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PREMDAN S/O JEETDAN CHARAN
Versus
STATE OF GUJARAT & ORS.
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Appearance:
KRUPABEN S LIMBACHIYA(7851) for the Applicant(s) No. 1
MS TARJANI K ANJARIA(12193) for the Applicant(s) No. 1
MS.DHWANI TRIPATHI APP for the Respondent(s) No. 1
RULE NOT RECD BACK for the Respondent(s) No. 3
RULE SERVED for the Respondent(s) No. 2
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CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI

Date : 03/11/2026
JUDGMENT
1. 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 bearing RTO
registration No. GJ-27-X-9939 .
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 pass or permit. Therefore, an FIR being
C.R.No.11217040250649 of 2025 registered with Vagdod
Police Station, Dist.: Patan for the offence punishable
under the Prohibition Act .
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R/SCR.A/14368/2026 JUDGMENT DATED: 03/11/2026
(GJHC240749852026)
3. Heard learned advocate for the petitioner and
learned APP for the respondent – State.
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 - State 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.
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:
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R/SCR.A/14368/2026 JUDGMENT DATED: 03/11/2026
(GJHC240749852026)
"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 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.
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R/SCR.A/14368/2026 JUDGMENT DATED: 03/11/2026
(GJHC240749852026)
10. The learned Trial Court/authority concerned is
directed to release the vehicle of the petitioner bearing RTO
registration No. GJ-27-X-9939 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 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.
(J. C. DOSHI,J)
MANOJ
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