Gujarat HC Orders Seized Pulsar Returned To Owner On Conditions, Citing SC Ruling That Prohibition Act Is Not An Absolute Bar To Interim Custody

The petitioner, the registered owner of a Bajaj Pulsar motorcycle (registration No. GJ-20-BL-5699), sought its release after it was seized in connection with an offence under the Gujarat Prohibition Act and FIR No. C.R. 11821014260464/2026.

The State objected, relying on the Act’s confiscation provisions, but accepted that the High Court could order release under Article 226 when appropriate.

The petitioner sought relief under Articles 226 and 227 of the Constitution and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The Court invoked its jurisdiction under Articles 226 and 227 of the Constitution and Section 497 of the BNSS, 2023, concerning custody of seized property.

Relying on Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, it noted that seized vehicles should not be left to deteriorate at police stations and may be released on suitable bonds, guarantees, and security.

It also relied on M/s ABC Express v. State of Gujarat, 2026 LiveLaw (SC) 885, which held that Section 98(2) of the Gujarat Prohibition Act, 1949, is not an absolute bar to interim release and that the court may make appropriate custody orders under Section 451 of the Code of Criminal Procedure, 1973, corresponding to Section 497 of the BNSS.

The Court additionally referred to the coordinate Bench’s decision in Musa Khan Jat v. State of Gujarat, SCR.A/7190/2017.

The petitioner was the vehicle’s registered owner, and the Supreme Court authorities established that the confiscation provisions did not impose an absolute bar on interim release.

Keeping the motorcycle at the police station risked deterioration, while appropriate security and conditions could protect the trial’s interests.

The Court therefore ordered release subject to a solvent surety equivalent 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 also provided for confiscation in the event of a subsequent offence.

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

A copy of the order must be sent to the concerned RTO to record the restraint on transfer, subject to any later permission from the trial court; the Rule was made absolute.