Gujarat HC Orders Liquor-Case Creta Released On Conditions, Applying SC Ruling That Gujarat Prohibition Act Is Not An Absolute Bar To Interim Custody

The petitioner, the registered owner of a Hyundai Creta bearing registration No. GJ-38-B-3817, sought its release after police seized it in connection with an FIR alleging that its driver was carrying liquor without a pass or permit, contrary to the Gujarat Prohibition Act, 1949.

The petitioner invoked Articles 226 and 227 of the Constitution and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking interim custody of the vehicle.

Under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 451 of the Code of Criminal Procedure, 1973), a court may make appropriate orders for the custody of property pending trial.

In Sunderbhai Ambalal Desai, the Supreme Court held that seized vehicles should not be left unused at police stations and may be handed over on appropriate bond, guarantee and security to ensure their production when required.

The Court also relied on Musa Khan Jat v. State of Gujarat, where interim release of a vehicle was ordered by exercising powers under Articles 226 and 227, and M/s ABC Express v. State of Gujarat, which held that Section 98(2) of the Gujarat Prohibition Act does not create an absolute bar to interim release of a seized vehicle.

The petitioner was the vehicle’s registered owner, and the vehicle had been seized in connection with the pending prohibition offence.

Applying the cited authorities, the Court concluded that Section 98(2) did not prevent interim release and that continued retention of the vehicle was unnecessary where its production could be secured by conditions.

It therefore directed release against a solvent surety equal to the vehicle’s price stated in the FIR, an undertaking not to transfer it pending trial, and an obligation to produce it when directed; it further provided for confiscation in the event of a subsequent offence.

Before release, police were directed to photograph the vehicle and prepare a panchnama, to be included with the charge-sheet papers.

A copy of the order was to be sent to the relevant RTO to record the restraint on transfer, subject to any subsequent order of the trial court.

Rule was made absolute.