Gujarat HC Orders Interim Release Of Fortuner Seized With Alleged Contraband, Applying SC Ruling That Prohibition Act Doesn’t Automatically Bar Release

The petitioner sought release of a Toyota Fortuner seized in connection with an FIR registered at Thorala Police Station, Rajkot, for an alleged offence under the Gujarat Prohibition Act.

Police had intercepted the vehicle on secret information and allegedly found it carrying contraband 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 authorities concerning interim release of seized vehicles.

Article 226 of the Constitution permits the High Court to grant appropriate relief, and Article 227 confers supervisory jurisdiction; Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 concerns interim custody of property.

In Sunderbhai Ambalal Desai v. State of Gujarat, the Supreme Court held that seized vehicles should not be left unused to deteriorate and may be entrusted on appropriate bonds, guarantees, or security, subject to their return when required.

The Court also relied on Musa Khan Jat v. State of Gujarat, in which a vehicle was released under Articles 226 and 227.

M/s ABC Express v. State of Gujarat, which held that Section 98(2) of the Gujarat Prohibition Act does not absolutely bar interim release of a seized vehicle and that the court may order its proper custody.

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

Applying Sunderbhai and the cited authorities, the Court concluded that the prospect of confiscation did not, by itself, prevent interim custody and that continued detention risked deterioration of the vehicle.

It therefore ordered release subject to a solvent surety, an undertaking not to transfer the vehicle, and an obligation to produce it when directed; it also required photographs and a panchnama, with notice to the RTO recording the restraint on transfer.

The police were directed to photograph the vehicle and prepare a panchnama before release, and the RTO was to be notified of the transfer restriction.

Rule was made absolute.