Gujarat HC Orders Conditional Release Of Swift Dzire Seized In Prohibition Case, Citing SC Ruling That Prohibition Act Is No Absolute Bar

Police intercepted the petitioner’s Maruti Swift Dzire, registration No. GJ-03-CE-1820, on secret information and allegedly found it carrying contraband without a pass or permit.

An FIR was registered at Jetpur Police Station, Rajkot Rural, under the Gujarat Prohibition Act.

The petitioner sought release of the vehicle by invoking Articles 226 and 227 of the Constitution and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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

Articles 226 and 227 of the Constitution confer jurisdiction on the High Court to grant appropriate relief, and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 concerns interim custody of property.

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 and may be handed over on appropriate bonds, guarantees and security, subject to production when required.

The Court also relied on Musa Khan Jat v. State of Gujarat, S.CR.A. No. 7190 of 2017, where a vehicle was released under Articles 226 and 227.

It further applied M/s ABC Express v. State of Gujarat, 2026 LiveLaw (SC) 885, which held that Section 98(2) of the Gujarat Prohibition Act, 1949, is not an absolute bar to interim release of a seized vehicle and that a court may make appropriate custody orders.

The Court considered the risk that a seized vehicle would remain unattended and deteriorate, as addressed in Sunderbhai, and the coordinate Bench’s decision in Musa Khan Jat.

It also relied on M/s ABC Express to conclude that Section 98(2) of the Gujarat Prohibition Act did not absolutely prevent interim release.

In light of those authorities and the State’s acknowledgment of the High Court’s power to order release, the Court allowed release subject to security, non-transfer and production conditions.

The order further provided that the vehicle would stand confiscated in the event of a subsequent offence.

Before release, police were directed to photograph the vehicle and prepare a panchnama at the petitioner’s cost, with both to form part of the charge-sheet papers.

A copy of the order was to be sent to the registering RTO to record the restraint on transfer, subject to any later order of the trial court permitting transfer.