Authority: High Court of Gujarat at Ahmedabad
Order Date: 06/11/2026
Case Overview
- Petitioner: Sanjaybhai Bharatbhai Dhamecha (also referred to as Sanjay Bharatbhai Dhamecha).
- Respondents: State of Gujarat and an unnamed second respondent.
- Petition filed under Article 226 (extra‑ordinary jurisdiction) and Article 227 (supervisory jurisdiction) of the Constitution, and inherent powers under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release of a seized Muddamal vehicle – a Bajaj Auto CNG vehicle bearing RTO registration No. GJ-36‑W‑9870.
- Police intercepted the vehicle during a patrol on the basis of secret information that it was carrying contraband. A search revealed contraband without any pass or permit, leading to FIR C.R. No. 11189005261239 registered at Morbi Taluka Police Station, Morbi, under the Prohibition Act.
- The petitioner produced an original certificate dated 14‑08‑2026 from the financing bank stating “No Objection” to the release of the vehicle.
- The public prosecutor objected, citing confiscation provisions of the Prohibition Act, but did not dispute the Court’s power under Articles 226/227 to order release.
- The Court referred to precedents: Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638), Musa Khan Jat v. State of Gujarat (S.C.R.A. No. 7190 of 2017), and M/S ABC Express v. State of Gujarat (2026 LiveLaw (SC) 885), which collectively support interim release of seized vehicles upon appropriate security.
Final Outcome
- The petition is allowed.
- The trial court/concerned authority is directed to release the Bajaj Auto CNG vehicle (Reg. No. GJ‑36‑W‑9870) subject to the following conditions:
(i) Petitioner shall furnish a solvent surety equal to the price of the vehicle as stated in the FIR.
(ii) Petitioner shall file an undertaking before the trial court that the vehicle will not be transferred until final disposal of the trial.
(iii) Petitioner shall produce the vehicle as and when directed by the trial court.
(iv) In the event of any subsequent offence, the vehicle shall stand confiscated.
- Before release, the police must photograph the vehicle from all sides at the petitioner’s cost and prepare a panchanama; these documents shall be annexed to the charge‑sheet for trial.
- A copy of this order shall be sent to the registering RTO for entry in the register and to note that the Court has restrained any transfer of the vehicle until final disposal of the trial.
- The order is absolute; direct service is permitted.
Topics: Court Order, Vehicle Seizure, Prohibition Act