Order for Release of Seized Vehicle Under Prohibition Act.


03 July 2025 Criminal Appeals & Suspension of Sentence >> Criminal Law  

This legal petition, filed under Articles 226 and 227 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 482 of CrPC, 1973), sought the release of a vehicle, a VE Commercial Eicher Pro Truck (RTO registration No. MH-16-CD-2963), which was seized in connection with a case under the Prohibition Act.

The prosecution's case stemmed from a police patrol receiving information about the vehicle transporting liquor without a valid pass or permit. Upon interception and search, liquor was found, leading to the registration of an FIR (C.R. No.11822021242246 of 2024) at Navsari Rural Police Station.

 
 

The petitioner's advocate argued for the court's wide powers under Article 226, referencing the Supreme Court's ruling in Sunderbhai Ambalal Desai Vs. State of Gujarat, which highlighted the issue of vehicles deteriorating while held at police stations.

The learned Additional Public Prosecutor (APP) for the respondents opposed the release, citing Section 98 of the Gujarat Prohibition Act, despite acknowledging the court's power under Article 226.

After considering Sections 98, 123, and 132(a) of the Gujarat Prohibition Act, and Section 497 of the BNSS (formerly Section 451 of CrPC), along with the Supreme Court's decision in Khengarbhai Lakhabhai Dambhala vs. The State of Gujarat, the court noted that despite the amendment to Section 98(2) of the Prohibition Act (effective July 31, 2024), the authorities had not initiated confiscation or auction proceedings for the seized vehicle.
Given the lack of confiscation proceedings and to prevent the vehicle from deteriorating during the trial, the court, exercising its powers under Article 226, ordered the release of the vehicle with several stringent conditions.

The conditions for release include:

  • The petitioner must provide a solvent surety equivalent to the vehicle's value as stated in the FIR/panchnama.
  • An undertaking must be filed stating that the vehicle's identity or color will not be changed until the trial's final disposal.
  • The vehicle must be produced whenever directed by the trial court.
  • If confiscation or auction proceedings are initiated under Section 98(2) of the Prohibition Act in the future, the petitioner must return the vehicle to the authorities, and an undertaking to this effect must be filed.
  • The vehicle will be confiscated if any subsequent offense is committed.
  • This order does not prevent the Magistrate/Authority from initiating confiscation or auction proceedings under Section 98(2) of the Prohibition Act.
Before the vehicle's release, the police must photograph it from all sides at the petitioner's expense and prepare a panchnama, both of which will be part of the charge sheet. A copy of this order will also be sent to the concerned RTO to record the restriction on vehicle transfer until the trial's final disposal, subject to any future court orders.
The petition was allowed, and the rule was made absolute.


  BHARATIYA NAGARIK SURAKSHA SANHITA, 2023