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

The petitioner sought release of a Maruti Omni seized in connection with an FIR registered at Pardi Police Station for an alleged offence under the Gujarat Prohibition Act.

Police alleged that the vehicle’s driver was carrying liquor without a pass or permit

The petitioner invoked Articles 226 and 227 of the Constitution and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, relying on Sunderbhai Ambalal Desai v. State of Gujarat

The State objected by reference to the Act’s confiscation provisions, but accepted that the High Court could order release under Article 226

The Court relied on Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, which cautions against keeping seized vehicles at police stations for prolonged periods and supports their interim release on appropriate bonds, guarantees and security

It also relied on Musa Khan Jat v. State of Gujarat, SCR.A/7190/2017, where the High Court ordered release of a vehicle under Articles 226 and 227

Further, it applied the Supreme Court’s ruling in M/s ABC Express v. State of Gujarat, 2026 LiveLaw (SC) 885, that Section 98(2) of the Gujarat Prohibition Act does not impose an absolute bar on interim release and that a court may make appropriate custody orders under Section 451 CrPC, corresponding to Section 497 BNSS

Applying these principles, the Court held that the confiscation provisions did not prevent interim release of the vehicle.

Keeping it in police custody risked deterioration, while appropriate conditions could secure its production and preserve the proceedings’ interests

The Court therefore ordered release subject to a solvent surety equivalent to the vehicle’s price stated in the FIR, an undertaking not to transfer it until final disposal of the trial, and production whenever directed.

It further directed that the vehicle would stand confiscated in the event of a subsequent offence, and required police to photograph it and prepare a panchanama before release

The Court directed that a copy of the order be sent to the concerned RTO to record the restraint on transfer pending trial, subject to any later order of the Trial Court permitting transfer; the Rule was made absolute.