Court Grants Release of Seized Vehicle with Strict Conditions.
12 February 2025
FIR >> Criminal Law
In Lalitkumar Udyaramji Lohar Vs State of Gujarat, the petitioner approached the Court to seek the release of a vehicle seized as muddamal in connection with a criminal case (FIR No.11208051240731 of 2024) registered at B-Division Police Station, Rajkot. The vehicle, which is duly registered with the transport department, was denied release by the Magistrate and Sessions Courts, leading to the filing of this petition. The petitioner, being the registered owner, argued that the vehicle was not involved in any other case and promised to comply with any conditions set by the Court.
The Court reviewed the submissions and noted that vehicles kept in police custody often deteriorate, while the police stations' space is congested. Referring to prior judgments and the vehicle's condition, the Court decided to release the vehicle under certain conditions, such as furnishing a solvent surety equivalent to the vehicle’s value, filing an undertaking not to transfer the vehicle without court permission, and ensuring it is not used for transporting liquor in the future. Additionally, the Court imposed conditions for the vehicle's photography, videography, and a panchnama before handing it over to the petitioner.
Ultimately, the Court quashed the lower courts' orders and directed the concerned authorities to release the vehicle on the conditions specified.