01Facts
Police intercepted a Honda Activa, registration No. GJ-36-BC-0072, after receiving secret information that it was carrying liquor.
p. 1The driver was allegedly found transporting liquor without a pass or permit, and an FIR was registered under the Gujarat Prohibition Act.
p. 1The petitioner sought release of the seized vehicle under Articles 226 and 227 of the Constitution and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
p. 1The State opposed the application by reference to the Act’s confiscation provisions but accepted that the Court could order release in an appropriate case
p. 202Issues
i.1. Whether the High Court could order interim release of the seized vehicle in the exercise of its constitutional and statutory powers, notwithstanding the confiscation provisions of the Gujarat Prohibition Act
pp. 1–3ii.2. Whether release should be made subject to conditions securing the vehicle’s preservation and production during the proceedings
pp. 2–503Law Applied
Article 226 of the Constitution empowers the High Court to grant appropriate relief, while Article 227 provides its supervisory jurisdiction; Section 497 of the BNSS concerns interim custody and disposal of property.
p. 3In Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, the Supreme Court advised against allowing seized vehicles to deteriorate in police-station premises and endorsed their release on appropriate bonds, guarantees, and security
p. 3The Court also relied on Musa Khan Jat v. State of Gujarat, SCR.A/7190/2017, where a vehicle was released under Articles 226 and 227
p. 3M/s ABC Express v. State of Gujarat, 2026 LiveLaw (SC) 885, which held that Section 98(2) of the Gujarat Prohibition Act does not impose an absolute bar on interim release and that a court may order proper custody under Section 451 of the CrPC, corresponding to Section 497 of the BNSS
p. 3Provisions in the judgment · 3 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 497
Gujarat Prohibition Act, 1949. Section 98
Code of Criminal Procedure, 1973 Section 451
04Reasoning
The Court considered the risk that the seized Activa could deteriorate if kept in police custody and applied the principles in Sunderbhai favouring release subject to safeguards
pp. 2–3It found that the Prohibition Act’s confiscation provisions did not create an absolute bar to interim release, in light of M/s ABC Express, and followed the coordinate Bench’s approach in Musa Khan Jat
p. 3The vehicle could therefore be released while protecting its availability for the trial and preventing its transfer
pp. 4–505Holding
The petition was allowed, and the Trial Court or concerned authority was directed to release the Honda Activa upon the petitioner furnishing solvent surety equivalent to the vehicle’s price stated in the FIR, undertaking not to transfer it until final disposal of the trial, and agreeing to produce it when directed; the order further provided that the vehicle would stand confiscated in the event of a subsequent offence.
p. 4Before release, police were directed to photograph the vehicle and prepare a panchnama, to be included with the charge-sheet papers.
pp. 4–5A copy of the order was to be sent to the RTO for an appropriate register entry recording the restraint on transfer.
pp. 4–5Because the vehicle was hypothecated, the original NOC was to be provided to the Registry within the stipulated period, and the writ was to issue only after its receipt.
pp. 4–5Rule was made absolute.
p. 5Original Court PDF
KHURESHI AMINBHAI HAJIBHAIvsSTATE OF GUJARAT
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