Gujarat HC Orders Release Of Vehicle Seized In Liquor Case, Applying SC Ruling That Prohibition Act Confiscation Is No Absolute Bar to Interim Custody

Police intercepted vehicle No. GJ-27-X-9939 after receiving secret information that it was carrying liquor. A search allegedly revealed liquor being transported without a pass or permit, leading to registration of C.R. No. 11217040250649 of 2025 at Vagdod Police Station, Patan, for offences under the Gujarat Prohibition Act.

The petitioner sought release of the vehicle by invoking Articles 226 and 227 of the Constitution and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Articles 226 and 227 of the Constitution empower the High Court to grant appropriate relief concerning seized property; Section 497 of the BNSS provides for orders regarding the custody and disposal of property pending inquiry or trial.

The Court relied on Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, for the principle that seized vehicles should not be left deteriorating at police stations and may be handed over on appropriate bonds, guarantees and security, subject to production when required.

It also relied on M/s ABC Express v. State of Gujarat, 2026 LiveLaw (SC) 885, which it described as holding 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.

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

The Court considered the alleged use of the vehicle in a prohibition offence and the State’s reliance on the Act’s confiscation provisions, but noted that the State did not dispute the High Court’s power to order release when appropriate.

Applying the principles in Sunderbhai and ABC Express, the Court concluded that the confiscation provisions did not require the vehicle to remain in police custody pending trial. It therefore ordered release subject to a solvent surety, an undertaking not to transfer the vehicle, production when directed, and the stated consequence of confiscation in the event of a subsequent offence.

Before release, police must photograph the vehicle from all sides and prepare a panchnama at the petitioner’s expense, with both included in the charge-sheet papers.

A copy of the order must be sent to the registering RTO, which must record the restraint on transfer pending trial, subject to any contrary order of the trial court.

Rule was made absolute.