01Facts
Police seized the petitioner’s Mahindra Bolero Camper, registration No. RJ-46-GA-6082, after allegedly finding liquor in the vehicle without a pass or permit.
p. 1An FIR was registered under Sections 65-A, 65(e), 116-B, 98(2), 99, 83 and 81 of the Gujarat Prohibition Act.
p. 1The Magistrate rejected the petitioner’s application for release of the vehicle, and the Sessions Court dismissed his revision.
pp. 1–3The petitioner relied on the risk of deterioration while the vehicle remained in police custody and produced a no-objection certificate from its finance company.
pp. 1–3He then sought release under Articles 226 and 227 of the Constitution and Sections 528 and 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023
pp. 1–302Issues
i.1. Whether the High Court could order interim release of the seized vehicle despite the confiscation provisions of the Gujarat Prohibition Act
pp. 2–4ii.2. Whether the vehicle should be released to prevent its deterioration while the criminal proceedings were pending
pp. 2–403Law Applied
Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers a court to make appropriate orders for the custody and disposal of property pending trial; Section 528 preserves the High Court’s inherent powers.
p. 3The Court also exercised its jurisdiction under Articles 226 and 227 of the Constitution.
p. 3In Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, the Supreme Court held that seized vehicles should not be left to deteriorate at police stations and may be handed over on appropriate bonds, guarantees and security, subject to their production when required
p. 3The Court relied on Musa Khan Jat v. State of Gujarat, SCR.A/7190/2017, and M/s ABC Express v. State of Gujarat, 2026 LiveLaw (SC) 885; the latter held that Section 98(2) of the Gujarat Prohibition Act does not create an absolute bar to interim release of a seized vehicle, and that a court may make appropriate custody orders under Section 451 of the Code of Criminal Procedure, 1973, corresponding to Section 497 of the BNSS
pp. 3–4Provisions in the judgment · 8 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528Section 497
Gujarat Prohibition Act, 1949. Section 65Section 98Section 99Section 83Section 81
Code of Criminal Procedure, 1973 Section 451
04Reasoning
The Court noted that the petitioner was the vehicle’s registered owner and had produced the finance company’s no-objection certificate.
pp. 2–4Applying Sunderbhai and the cited authorities, it concluded that the vehicle’s continued detention risked deterioration and that Section 98(2) did not prevent interim release.
pp. 2–4It therefore ordered release subject to safeguards intended to secure the vehicle’s availability for trial and prevent its transfer
pp. 2–405Holding
The petition was allowed, and the vehicle was directed to be released on the petitioner furnishing solvent surety equivalent to its value stated in the FIR, undertaking not to transfer it until final disposal of the trial, and undertaking to produce it when directed.
pp. 4–5The order further provided for confiscation in the event of a subsequent offence.
pp. 4–5Before release, police were directed to photograph the vehicle from all sides and prepare a panchnama at the petitioner’s cost, with both included in the charge-sheet papers.
pp. 4–5A copy of the order was to be sent to the relevant RTO to record the restraint on transfer, subject to any later order of the trial court permitting transfer
pp. 4–5Original Court PDF
MANARAM PURKHARAMvsSTATE OF GUJARAT
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
