Gujarat HC Orders Release Of Tractor Seized In Sand-Without-Permit Case, Requiring Surety And No Transfer Until Trial

Police intercepted an Eicher 333 tractor carrying ordinary sand and found that its driver had no pass or permit.

A criminal case was registered before the Chief Judicial Magistrate, Rajpipla, under the Mines and Minerals Act.

The petitioner sought release of the tractor under Article 226 of the Constitution and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The State objected by reference to the Act’s confiscation provisions, but did not dispute the High Court’s power under Article 226 to order release.

Article 226 of the Constitution empowers the High Court to order release of seized property where appropriate.

In Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, the Supreme Court observed that seized vehicles should not be left unused to deteriorate and may be handed over on appropriate bonds, guarantees, and security to ensure their production when required.

The Court also referred to the coordinate Bench decision in Musa Khan Jat v. State of Gujarat, SCR.A/7190/2017, which ordered release of a vehicle in an analogous case under Articles 226 and 227.

Section 497 of the BNSS was invoked in the petition, but the judgment did not separately analyse its application.

The tractor was liable to remain in custody during the proceedings, but prolonged retention risked deterioration and was not necessary if adequate safeguards were imposed.

Applying Sunderbhai and the analogous decision in Musa Khan Jat, the Court exercised its constitutional jurisdiction to permit release, subject to security equivalent to the penalty, an undertaking against transfer until trial disposal, and production of the vehicle when directed.

Photographs and a panchnama were also required to preserve evidence, with the records included in the charge-sheet papers.

The police were directed to photograph the vehicle and prepare a panchnama at the petitioner’s cost, and the order was to be sent to the relevant RTO to record the restraint on transfer.