Gujarat High CourtCivil Procedure and EvidenceCriminal Law

After Godown Fire, Gujarat HC Releases Dealer’s Rs 11.08 Lakh Oil Stock Seized From Residential Premises On 1.5x Bond While Confiscation Appeal Is Pending

GOMTIBEN AMRUTLAL PATELv.STATE OF GUJARAT

After Godown Fire, Gujarat HC Releases Dealer’s Rs 11.08 Lakh Oil Stock Seized From Residential Premises On 1.5x Bond While Confiscation Appeal Is Pending. GOMTIBEN AMRUTLAL PATEL vs STATE OF GUJARAT. Gujarat High Court. LawLens
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In brief

The question

1. Whether the seized oil products should be released to the petitioner notwithstanding the State’s objection that they were inflammable and confiscation proceedings had been initiated.

The court held

The High Court allowed the petition and directed release of the muddamal subject to the petitioner furnishing a solvent surety and personal bond for 1.5 times the value of the goods.

It also directed

Before release, the authority must collect samples, photograph the goods from all sides, and prepare a panchanama at the petitioner’s cost; these records are to form part of the case papers for trial or other proceedings.

The Rule was made absolute.

01Facts

The petitioner, an authorised dealer of Gulf Oil and Mak Oil, stated that a fire broke out at her licensed storage premises on 19 March 2026.

¶ 4, 7 · pp. 2–3

She said oil products valued at ₹11,08,000, which were in transit, were temporarily moved to a residential accommodation to avoid further fire hazards and were seized there on 20 March 2026.

¶ 4, 7 · pp. 2–3

The Sessions Court rejected her application for release of the goods on 27 August 2026.

¶ 4 · p. 3

The petitioner challenged that rejection and sought release of the goods; the State opposed release, citing their inflammable nature, their storage in a residence, and pending confiscation proceedings.

¶ 2, 5–6 · p. 1, 3

The petitioner stated that an appeal against the confiscation order was pending before the Sessions Court.

¶ 2, 5–6 · p. 1, 3

02Issues

i.1. Whether the seized oil products should be released to the petitioner notwithstanding the State’s objection that they were inflammable and confiscation proceedings had been initiated.

¶ 5–8 · pp. 3–4

ii.2. Whether release should be made subject to safeguards to preserve evidence and secure the value of the goods.

¶ 8–9 · p. 4

03Law Applied

The petition invoked Articles 14 and 21 of the Constitution of India, Article 226, and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release of the seized property.

¶ 2 · p. 1

The judgment does not cite a precedent or articulate a separate statutory test for release.

It grants release subject to security and evidence-preservation measures: a solvent surety and personal bond for 1.5 times the goods’ value, and collection of samples, photographs, and a panchanama before release.

¶ 8–9 · p. 4

Provisions in the judgment · 1 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 497

04Reasoning

The Court accepted that the petitioner was an authorised dealer and that a fire had broken out at her storage premises; it recorded her explanation that the goods were moved to a residential area because they were in transit and had to be shifted to prevent further fire hazards.

¶ 7 · p. 3

Although the State relied on the goods’ inflammable character and pending confiscation proceedings, the Court considered the overall circumstances sufficient to allow release, while imposing a bond and surety requirement and directing documentation of the goods before release.

¶ 5, 8–9 · pp. 3–4

05Holding

The High Court allowed the petition and directed release of the muddamal subject to the petitioner furnishing a solvent surety and personal bond for 1.5 times the value of the goods.

¶ 8 · p. 4

Before release, the authority must collect samples, photograph the goods from all sides, and prepare a panchanama at the petitioner’s cost; these records are to form part of the case papers for trial or other proceedings.

¶ 9 · p. 4

The Rule was made absolute.

¶ 10 · p. 4
Gujarat High Court

Original Court PDF

GOMTIBEN AMRUTLAL PATELvsSTATE OF GUJARAT

Gujarat High Court · November 04, 2026

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