High Court Orders Conditional Release of Seized Vehicle Pending Trial under Gujarat Prohibition Act.


22-August-2025 Criminal Appeals & Suspension of Sentence >> Criminal Law  

In a recent case of Jayesh Tapubhai Mori Vs State of Gujarat, in accordance with Article 226/227 of the Constitution and Section 528 BNSS (similar to Section 482 CrPC), the petitioner requested the release of his confiscated vehicle, a Maruti Suzuki Vitara Brezza. Because it was reportedly transporting alcohol without a permit, the car was confiscated in relation to a violation of the Gujarat Prohibition Act.

The petitioner contended that cars shouldn't be permitted to deteriorate while in police custody, citing Sunderbhai Ambalal Desai v. State of Gujarat (2002). Citing Section 98 of the Gujarat Prohibition Act, which permits the seizure of such cars, the State objected.


 

 

The Court observed that no confiscation procedures had been started in accordance with the modified Section 98(2), despite the fact that the amount of alcohol found in the car exceeded the limit and made it subject to confiscation. Based on earlier rulings, such as Khengarbhai Lakhabhai Dambhala v. State of Gujarat (2024 INSC 285), the Court determined that temporary custody must be provided with stringent conditions to avoid abuse.

Therefore, the petition was granted, directing the vehicle's release under certain conditions, including providing solvent surety equal to the vehicle's value, submitting undertakings not to transfer or alter the vehicle, producing it when needed, returning it if confiscation proceedings start, and subjecting it to automatic confiscation in the event of a repeat offense. The RTO was told to document transfer restrictions until trial disposal, and the police were told to take pictures of the car before it was released.


Section 528, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023  

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023