Gujarat HC Orders Liquor-Case Bike Released Pending Trial, Citing SC Ruling That Prohibition Act Doesn’t Automatically Bar Interim Custody

The petitioner sought interim release of his Hero Splendor motorcycle, registration No. GJ-03-KG-0398, seized in connection with an FIR registered at Gandhigram Police Station, Rajkot City, alleging that its driver was carrying liquor without a pass or permit.

The petitioner relied on the Court’s constitutional powers and Sunderbhai Ambalal Desai v. State of Gujarat. The State objected by reference to the confiscation provisions of the Gujarat Prohibition Act but accepted that the Court could order release under Article 226 in an appropriate case.

The Court also referred to a coordinate Bench decision and a recent Supreme Court decision concerning interim custody of vehicles seized under the Prohibition Act.

The Court invoked Articles 226 and 227 of the Constitution and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning interim custody of property.

Relying on Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, it noted that seized vehicles should not be left unattended to deteriorate and may be handed over on appropriate bond, guarantee and security, subject to production when required.

It also relied on Musa Khan Jat v. State of Gujarat and M/s ABC Express v. State of Gujarat, 2026 LiveLaw (SC) 885; the latter held that Section 98(2) of the Gujarat Prohibition Act, 1949, is not an absolute bar to interim release of a seized vehicle and that a court may order its proper custody under Section 451 of the Code of Criminal Procedure, corresponding to Section 497 of the BNSS.

The Court treated the possibility of confiscation under the Prohibition Act as not, by itself, preventing interim release. Applying the Supreme Court’s guidance against allowing seized vehicles to deteriorate and its holding that Section 98(2) is not an absolute embargo, the Court concluded that the motorcycle could be released while safeguards ensured its value, non-transfer and future availability.

It further directed that photographs and a panchnama be prepared before release so the vehicle’s condition would be documented for trial.

Before release, the police were to photograph the vehicle from all sides and prepare a panchnama, with both included in the charge-sheet papers. The order was to be sent to the RTO to record the restraint on transfer, subject to any later order of the Trial Court permitting transfer. Rule was made absolute.