Gujarat HC Orders Interim Release Of Truck Seized In Prohibition Case, Citing SC Ruling That Section 98(2) Is No Absolute Bar

The petitioner sought release of a Bharatbenz truck, registration No. RJ-04-GD-1529, seized in connection with an offence under the Gujarat Prohibition Act and FIR No. 11821025260091/2026.

He claimed to be the registered owner and relied on a financier’s no-objection certificate permitting release of the vehicle.

The State opposed release by reference to the Act’s confiscation provisions, while acknowledging the High Court’s power under Article 226 to order release.

Article 226 of the Constitution empowers the High Court to order release of seized property in an appropriate case; the Court also referred to its supervisory jurisdiction under Article 227 and inherent powers under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Section 98(2) of the Gujarat Prohibition Act does not impose an absolute bar on interim release of a seized vehicle pending trial; a court may order its proper custody under Section 451 of the Code of Criminal Procedure, 1973, corresponding to Section 497 of the BNSS.

In Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, the Supreme Court emphasised that seized vehicles should not be left to deteriorate and may be handed over on appropriate bonds, guarantees and security.

The Court 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.

The petitioner’s ownership claim and the financier’s NOC supported his request for custody.

The Court considered the State’s objection based on confiscation but held, following the Supreme Court’s decision in M/s ABC Express v. State of Gujarat, that Section 98(2) was not an absolute impediment to interim release.

Consistent with Sunderbhai, release would avoid deterioration of the vehicle while preserving its evidentiary value and ensuring its availability through a solvent surety, an undertaking not to transfer it, production when directed, and police photographs and a panchnama.

It further directed that the vehicle would stand confiscated in the event of a subsequent offence, and that police photographs and a panchnama be prepared before release. The order was to be sent to the concerned RTO for a corresponding entry recording the restraint on transfer, subject to any contrary order of the trial court.