Gujarat HC Orders Conditional Release Of MG Astor Seized In Liquor Case, Citing SC Ruling That Prohibition Law Doesn’t Automatically Bar Interim Custody

Police intercepted a vehicle allegedly carrying liquor without a pass or permit and registered an FIR under the Gujarat Prohibition Act.

The petitioner sought interim release of the vehicle, a MG Motor ZS Astor, under Articles 226 and 227 of the Constitution and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

He relied on the Supreme Court’s directions in Sunderbhai Ambalal Desai and produced a finance company’s no-objection certificate; the State opposed release in view of the Prohibition Act’s confiscation provisions.

Articles 226 and 227 of the Constitution empower the High Court to grant appropriate relief, including release of seized property.

Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for orders concerning the custody and disposal of property pending inquiry or trial.

In 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.

The Court also 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, 1949 is not an absolute bar to interim release and that a court may order proper custody under Section 451 of the Code of Criminal Procedure, 1973, corresponding to Section 497 of the BNSS.

The Court considered the State’s objection based on the Prohibition Act’s confiscation provisions but noted that the State did not dispute the High Court’s power under Article 226 to order release when appropriate.

Applying Sunderbhai and the cited authorities, it concluded that keeping the vehicle in police custody pending trial was not necessary and that interim release could be secured through conditions protecting its production and preserving the proceedings.

Before release, the police were directed to photograph the vehicle and prepare a panchnama for inclusion with the charge-sheet papers.

The order was to be sent to the RTO to record the restraint on transfer, and the petitioner was directed to file the original finance-company NOC within one week.