Gujarat HC Orders Conditional Release Of Scooter Seized In Liquor Case, Applying SC Ruling That Gujarat Prohibition Act Is No Absolute Bar To Interim Custody

The petitioner, the registered owner of a Honda Livo scooter, sought its release after it was seized in connection with an FIR alleging that its driver was carrying liquor without a pass or permit, contrary to the Gujarat Prohibition Act.

The State opposed release by referring to the Act’s confiscation provisions, while accepting that the Court could order release under Article 226 in an appropriate case.

Article 226 of the Constitution permits the High Court to order release of seized property in an appropriate case.

Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 451 of the Code of Criminal Procedure, 1973) empowers a court to make appropriate orders for the proper custody of property pending trial.

In Sunderbhai Ambalal Desai v. State of Gujarat, the Supreme Court stated that seized vehicles should not be left to deteriorate at police stations and may be handed over on appropriate bonds, guarantees, and security.

Musa Khan Jat v. State of Gujarat was cited as a coordinate-bench decision ordering vehicle release under Articles 226 and 227.

In M/s ABC Express v. State of Gujarat, 2026 LiveLaw (SC) 885, the Supreme Court held that Section 98(2) of the Gujarat Prohibition Act does not impose an absolute bar on interim vehicle release and that a court may order proper custody under Section 451 CrPC.

The petitioner was the scooter’s registered owner, and its continued retention risked deterioration while the proceedings remained pending.

Applying the principles in Sunderbhai and M/s ABC Express, the Court held that the confiscation provisions did not prevent interim release subject to safeguards.

The Court therefore ordered release upon a solvent surety equivalent to the vehicle’s price stated in the FIR, an undertaking not to transfer it pending trial, and a commitment to produce it when directed; it also provided for confiscation if a subsequent offence occurred.

Before release, the police must photograph the vehicle from all sides and prepare a panchanama at the petitioner’s expense, with both included in the charge-sheet papers.

The order must be sent to the relevant RTO to record the restraint on transfer, subject to any later order of the trial court permitting transfer.