Authority: High Court of Gujarat at Ahmedabad

Order Date: 03/11/2026

Case Overview

  • Parties: petitioner Jaydeep Singh Mayurdhwajsinh Jadeja vs. State of Gujarat & ANR.
  • Petition filed under extraordinary jurisdiction of Article 226, supervisory jurisdiction of Article 227 of the Constitution of India, and inherent powers under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release of a Hyundai I-20 (RTO registration No. GJ-36-B-8119).
  • FIR C.R. No. 11208045260322 of 2026 registered at Malaviyanagar Police Station, Rajkot, for contraband offence under the Gujarat Prohibition Act; police intercepted the vehicle based on secret information and seized it without any pass or permit.
  • Petitioner argued that the Court has wide powers under Article 226 and cited precedents: Sunderbhai Ambalal Desai vs. State of Gujarat (AIR 2003 SC 638) and Musa Khan Jat vs. State of Gujarat (S.C.R.A. No. 7190 of 2017) where courts ordered release of seized vehicles.
  • Respondent (State) objected on the basis of confiscation provisions in the Prohibition Act but did not dispute the Court’s power to order release.
  • The Court also referred to M/S ABC Express vs. State of Gujarat (2026 LiveLaw (SC) 885) which held that Section 98(2) of the Gujarat Prohibition Act does not bar interim release of a seized vehicle and that the Court can exercise powers under Section 451 of the Code of Criminal Procedure.

Final Outcome

  • Petition allowed.
  • The trial court/concerned authority directed to release the Hyundai I-20 (GJ-36-B-8119) on the following terms and conditions:

1. Petitioner shall furnish a solvent surety equivalent 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 stand confiscated.

  • Police authority shall photograph the vehicle from all sides at the petitioner’s cost and draw a panchanama; these photographs and panchanama 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 till final disposal of the trial; any transfer shall be subject to a further order of the trial court.
  • The original NOC must be provided to the Registry within one week; the writ will be issued only after receipt of the original NOC from the petitioner’s advocate.
  • The rule is made absolute and direct service is permitted.

Topics: Vehicle Release, Court Order