Authority: High Court of Gujarat at Ahmedabad

Order Date: 04/11/2026

Case Overview

  • Parties: Rohit Bhupatbhai Mathasuriya (Petitioner) vs. State of Gujarat & Anr. (Respondents).
  • Petition: Invoked extraordinary jurisdiction under Article 226, supervisory jurisdiction under Article 227 of the Constitution, and inherent powers under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release of an Ashok Leyland truck (RTO No. GJ-01-CV-1825).
  • Background: Police, acting on secret information, intercepted the vehicle and discovered contraband without any permit. FIR C.R. No. 11822003250484 of 2025 was lodged at Vansda Town Police Station, Navsari, under the Prohibition Act.
  • Legal Precedents Cited:
  • Sunderbhai Ambalal Desai vs. State of Gujarat (AIR 2003 SC 638) – emphasized the need to avoid long‑term storage of seized vehicles at police stations.
  • Musa Khan Jat vs. State of Gujarat (S.C.R.A. No. 7190 of 2017) – released a vehicle using powers under Articles 226 and 227.
  • M/S ABC Express vs. State of Gujarat (LiveLaw (SC) 885, 2026) – held that Section 98(2) of the Gujarat Prohibition Act does not bar interim release of a seized vehicle and that the court may exercise powers under Section 451 of the CrPC.
  • Arguments: Petitioner's counsel argued for the Court’s wide powers under Article 226; Respondent’s counsel relied on confiscation provisions of the Prohibition Act but did not dispute the Court’s authority to order release.

Final Outcome

  • The petition is allowed.
  • The trial court/concerned authority is directed to release the Ashok Leyland truck (RTO GJ-01-CV-1825) subject to the following conditions:

1. Petitioner shall furnish a solvent surety equal to the price of the vehicle as stated in the FIR.

2. Petitioner shall file an undertaking before the trial court that the vehicle will not be transferred until final disposal of the trial.

3. Petitioner shall produce the vehicle as and when directed by the trial court.

4. In the event of any subsequent offence, the vehicle shall be confiscated.

  • 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 papers for trial.
  • A copy of this order shall be sent to the concerned RTO for entry in the register and to note that the Court has restrained transfer of the vehicle pending final disposal.
  • The order is absolute; direct service is permitted.

Topics: Vehicle Seizure, Judicial Relief