Authority: High Court of Gujarat at Ahmedabad
Order Date: 03/11/2026
Case Overview
- Parties: Jetaram Chokharam (petitioner, power‑of‑attorney holder of the registered owner) vs State of Gujarat (respondent).
- Petition filed under Article 226 and 227 of the Constitution and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release of Ashok Leyland vehicle RTO No. RJ‑07‑GD‑5907.
- FIR C.R. No. 11993007260667 of 2026 registered at Gandhidham ‘B’ Division Police Station for contraband possession under the Gujarat Prohibition Act, 1949.
- Respondent argued confiscation under the Prohibition Act; petitioner cited wide powers of the Court and prior judgments.
- Court referred to SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT (AIR 2003 SC 638), MUSA KHAN JAT VS. STATE OF GUJARAT (S.C.R.A. No. 7190 of 2017), and M/S ABC EXPRESS VS. STATE OF GUJARAT (2026 LiveLaw (SC) 885) supporting release pending trial with conditions.
Final Outcome
- The vehicle is to be released subject to:
(i) furnishing a solvent surety equal to the vehicle’s price as stated in the FIR;
(ii) filing an undertaking before the Trial Court not to transfer the vehicle until final disposal of the trial;
(iii) producing the vehicle when directed by the Trial Court;
(iv) confiscation of the vehicle if any subsequent offence occurs;
(v) after verification, handing over the vehicle to the registered owner only.
- Police shall photograph the vehicle from all sides at petitioner’s cost and prepare a panchanama; these documents will be annexed to the charge sheet.
- A copy of the order is to be sent to the concerned RTO for entry in the register and to note the restraint on transfer.
- The original NOC must be produced to the Registry within one week; the writ will be issued only after receipt of the original NOC.
- The rule is made absolute; direct service is permitted.
Topics: Vehicle Seizure, Court Order, Prohibition Act