Gujarat HC Orders Liquor-Case Scooter Released On Surety, Applying SC Ruling That Prohibition Act Is No Absolute Bar

Police intercepted a Suzuki Access 125, registration No. GJ-34-R-7539, after receiving information that it was carrying liquor. The driver was allegedly found transporting liquor without a pass or permit, and an FIR was registered at Panvad Police Station under the Gujarat Prohibition Act.

The petitioner, the vehicle’s registered owner, sought its release on interim custody. The State objected by reference to the Act’s confiscation provisions.

The petitioner relied on the Court’s constitutional jurisdiction and Sunderbhai Ambalal Desai v. State of Gujarat; the Court also considered authorities concerning release of seized vehicles.

Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 451 of the Code of Criminal Procedure, 1973) empowers a court to make appropriate orders for the interim custody of property during an inquiry or trial.

The Court relied on Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, which discourages keeping seized vehicles at police stations for long periods and supports their release on appropriate bonds, guarantees and security.

It also referred to Musa Khan Jat v. State of Gujarat, SCR.A/7190/2017, 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 the court may order its proper custody under Section 451 CrPC.

The Court also invoked its jurisdiction under Articles 226 and 227 of the Constitution.

The Court accepted that the vehicle had been seized in connection with an alleged Prohibition Act offence but held that the confiscation provisions did not impose an absolute bar to interim release.

Applying the principles in Sunderbhai and M/s ABC Express, it considered release appropriate to avoid the vehicle deteriorating in police custody, while securing its availability and preserving the proceedings through conditions imposed on the petitioner.

The order further provided for confiscation in the event of a subsequent offence.

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

A copy of the order was to be sent to the concerned RTO to record the restraint on transfer, subject to any later order of the Trial Court.