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

The petitioner sought interim release of a Maruti Wagon R, registration No. RJ-27-CP-5518, seized after police intercepted it on secret information and allegedly found it carrying contraband without a pass or permit.

An FIR was registered at Gambhoi Police Station under the Gujarat Prohibition Act.

The petitioner relied on the principle against allowing seized vehicles to deteriorate in police custody and produced a finance-company NOC. The State objected by reference to the Act’s confiscation provisions.

Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 451 of the Code of Criminal Procedure, empowers the court to make appropriate orders for the custody of property during an inquiry or trial.

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 in police-station premises and may be released on appropriate bonds, guarantees and security.

The Court also relied on Musa Khan Jat v. State of Gujarat, S.CR.A. No. 7190 of 2017, which ordered vehicle release under Articles 226 and 227.

M/s ABC Express v. State of Gujarat, 2026 LiveLaw (SC) 885, held that Section 98(2) of the Gujarat Prohibition Act does not absolutely bar interim release of a seized vehicle pending trial.

The Court considered the petitioner’s request in light of the risk that a vehicle kept in police custody would deteriorate, the finance company’s NOC, and the authorities supporting interim release.

Although the State relied on the Prohibition Act’s confiscation provisions, the Court applied M/s ABC Express to conclude that those provisions did not create an absolute bar to interim custody.

It therefore ordered release subject to security, restrictions on transfer, production when directed, and measures to document the vehicle’s condition.

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, and the RTO was to be notified of the restriction on transfer.

The Registry was directed to issue the writ only after receiving the original NOC.