Gujarat HC Orders Truck Seized In Liquor Case Released On Surety, Citing SC Ruling That Section 98(2) Is No Absolute Bar

Police intercepted an Eicher truck bearing registration No. GJ-15-AV-3122 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 Dharampur Police Station under the Gujarat Prohibition Act.

The petitioner sought interim release of the truck under Articles 226 and 227 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 to order release.

Article 226 of the Constitution empowers the High Court to grant appropriate relief, and Article 227 confers supervisory jurisdiction; Section 497 of the BNSS provides for orders concerning the custody and disposal of property pending inquiry or trial.

In Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, the Supreme Court held that seized vehicles should not be left to deteriorate at police stations and may be handed over on appropriate bonds, guarantees and security.

In M/s ABC Express v. State of Gujarat, 2026 LiveLaw (SC) 885, the Supreme Court held that Section 98(2) of the Gujarat Prohibition Act does not impose an absolute bar on interim release of a seized vehicle; the court may order its proper custody under Section 451 of the CrPC, corresponding to Section 497 of the BNSS.

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 under Articles 226 and 227.

The truck was seized in connection with an alleged Prohibition Act offence, but the confiscation provisions did not prevent interim release.

Applying Sunderbhai and the Supreme Court’s ruling in M/s ABC Express, the Court concluded that keeping the vehicle in police custody was not necessary where its preservation and production could be secured through conditions.

The police were directed to photograph the vehicle from all sides and prepare a panchnama at the petitioner’s cost.

The order was to be sent to the relevant RTO to record the restraint on transfer pending trial, subject to any contrary order of the Trial Court.

The rule was made absolute.