Authority: High Court of Gujarat at Ahmedabad

Order Date: 05/11/2026

Case Overview

  • Parties: petitioner Niteshbhai Natubhai Patel vs. State of Gujarat & ANR.
  • 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 Volkswagen car (RTO No. GJ-21-AH-5824) seized by police.
  • Background: Police, acting on secret information, intercepted the vehicle carrying liquor without a permit; driver found with liquor. FIR C.R. No.11822004260332 registered at Khergam Police Station under the Prohibition Act.
  • Legal precedents cited: Sunderbhai Ambalal Desai vs. State of Gujarat (AIR 2003 SC 638) – emphasizing prompt return of seized vehicles with bond; Musa Khan Jat vs. State of Gujarat (SCR.A/7190/2017) – vehicle released using Articles 226 & 227; M/s ABC Express vs. State of Gujarat (2026 LiveLaw SC 885) – section 98(2) of Gujarat Prohibition Act not an absolute embargo, court may order interim custody under CrPC s.451.
  • Arguments: Petitioner's counsel argued wide powers of the Court under Article 226; Respondent's APP objected based on confiscation provisions but did not dispute the Court’s power to order release.

Final Outcome

  • Petition allowed.
  • Trial Court/concerned authority directed to release the Volkswagen car (RTO GJ-21-AH-5824) on the following terms:

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 stand confiscated.

  • Police authority to photograph the vehicle from all sides at petitioner’s cost, prepare a panchanama, and attach these documents to the charge sheet for trial.
  • A copy of this order to be sent to the concerned RTO for entry in the register and to note that the Court has restrained transfer of the vehicle until final disposal.
  • Rule made absolute; direct service permitted.

Topics: Vehicle Seizure, Judicial Relief