Authority: High Court of Gujarat, Ahmedabad

Order Date: 29/10/2026

Case Overview

  • Parties: petitioner Rathava Nareshkumar Varsanbhai (Applicant No. 1) versus State of Gujarat & an unnamed Respondent No. 2.
  • Petition filed under extraordinary jurisdiction of Article 226, supervisory jurisdiction of Article 227 of the Constitution, and inherent powers under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release of a seized Hero MotoCorp Splendor Plus (RTO No. GJ‑17‑CM‑3584).
  • FIR: C.R. No. 11207055250662 of 2025 registered at Rajgadh Police Station for contraband possession under the Gujarat Prohibition Act.
  • Petitioner argued reliance on Supreme Court precedents: Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638) and Musa Khan Jat v. State of Gujarat (S.C.R.A. No. 7190 of 2017), asserting that courts may order release of seized vehicles pending trial.
  • Respondent objected on the basis of the Prohibition Act but did not dispute the Court’s power under Articles 226/227.
  • The Court also cited M/S ABC Express v. State of Gujarat (LiveLaw 2026 SC 885), noting that Section 98(2) of the Gujarat Prohibition Act is not an absolute bar to interim release and that Section 451 of the CrPC (mirrored by Section 497 BNSS) permits appropriate custody orders.

Final Outcome

  • Petition allowed.
  • The trial court/concerned authority is directed to release the vehicle on the following terms:

1. Petitioner must furnish a solvent surety equal to the vehicle’s price as stated in the FIR.

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

3. Petitioner must produce the vehicle whenever directed by the trial court.

4. If any subsequent offence occurs, the vehicle shall be confiscated.

  • Police are ordered to photograph the vehicle from all sides at the petitioner’s cost, prepare a panchanama, and attach these documents to the charge‑sheet papers 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 the trial concludes, subject to any further order permitting transfer.

Topics: Vehicle Release, Judicial Relief, Automobile Sector