Gujarat HC Orders Interim Release Of Buyer’s Ertiga Seized In Liquor Case, Citing SC Ruling That Prohibition Act Does Not Bar It

Police intercepted an Ertiga ZXI, registration No. GJ-06-PN-0813, after receiving information that it was carrying liquor.

The driver was allegedly found transporting liquor without a pass or permit, and an FIR was registered under the Gujarat Prohibition Act.

The petitioner sought interim release of the vehicle, relying on a sale deed dated 25 November 2025 and an affidavit from the registered owner confirming the sale and raising no objection to release.

The State opposed release in light of the Act’s confiscation provisions.

Article 226 of the Constitution permits the High Court to order release of seized property in an appropriate case; the Court also referred to its powers under Sections 528 and 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with Section 497 governing 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 released on appropriate bonds, guarantees and security.

The Court also relied on M/s ABC Express v. State of Gujarat, 2026 LiveLaw (SC) 885, which held that Section 98(2) of the Gujarat Prohibition Act does not impose an absolute bar on interim release of a seized vehicle and that a court may order its proper custody.

It further noted the coordinate Bench decision in Musa Khan Jat v. State of Gujarat, SCR.A/7190/2017, where a vehicle was released under Articles 226 and 227.

The Court found that the registered owner had sold the vehicle to the petitioner and had confirmed the sale by affidavit, while raising no objection to release.

Applying Sunderbhai and M/s ABC Express, it concluded that the possibility of confiscation under the Prohibition Act did not prevent interim release and that continued detention risked deterioration of the vehicle.

It therefore ordered release subject to safeguards preserving the vehicle and its availability for trial.

The petitioner must undertake not to transfer it until final disposal of the trial, produce it when directed, and accept confiscation in the event of a subsequent offence.

Before release, police must photograph the vehicle and prepare a panchnama at the petitioner’s cost; the photographs and panchnama are to form part of the charge-sheet papers.

The order is to be communicated to the concerned RTO, which must record the restraint on transfer, subject to any later order of the Trial Court permitting transfer.