MAHMAD AFZAL KADARBHAI SAMAversusSTATE OF GUJARAT

      R/SCR.A/10396/2026                              ORDER DATED: 23/07/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
                          NO. 10396 of 2026
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                           MAHMAD AFZAL KADARBHAI SAMA
                                      Versus
                             STATE OF GUJARAT & ANR.
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Appearance:
ANURAG R RATHOR(9315) for the Applicant(s) No. 1
MR. J.K. SHAH, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                  Date : 23/07/2026

                                      ORDER


1.       Learned Advocate appearing for the petitioner to join the registered
owner as party respondent.

2.       Amendment to be carried out forthwith.

3.       Learned Advocate Mr. Dhruv H. Chaudhary appears for the registered
owner and identifies the registered owner who is present before the Court. He
has also filed an affidavit of registered owner indicating that the registered
owner has no objection if the vehicle in question is ordered to be released in
favour of the petitioner.

4.       The petitioner has preferred this petition, seeking to invoke
extraordinary jurisdiction of this Court under Article 226 and supervisory
jurisdiction under Article 227 of the Constitution of India so also inherent
powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 with a prayer to release Muddamal Vehicle i.e TATA Truck
bearing Registration No.GJ-10-Z-6509 detained in connection with the FIR



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     R/SCR.A/10396/2026                                  ORDER DATED: 23/07/2026




No.11202045250186 of 2025 registered with Panch ‘A’ Division Police
Station, Jamnagar for the offences punishable under provisions of the Gujarat
Prohibition Act.

5.      Rule. Learned APP waives notice of rule for and on behalf of the
respondent.

6.      The case of the prosecution is that while the police personnel were on
patrolling, they received a secret information of the vehicle in question carrying
liquor and when police authorities intercepted the same, on carrying out the
search of the said vehicle, its driver was found carrying liquor without any pass
or permit. Therefore, an FIR as aforesaid came to be registered for the offence
punishable under the Prohibition Act.

7.      Heard learned advocate for the petitioner and learned APP for the
respondent.

8.      Learned Advocate for the petitioner has urged that this Court has wide
powers, while exercising such powers under Article 226 of the Constitution. It
can also take into account the ratio laid down in the case of 'SUNDERBHAI
AMBALAL DESAI VS. STATE OF GUJARAT', AIR 2003 SC 638,
wherein, the Hon’ble Apex Court lamented the scenario of number of vehicles
having been kept unattended and becoming junk within the Police Station
premises.

9.      Learned APP for the respondent has objected the submissions made by
learned advocate for the petitioner in view of the provisions of confiscation of
the vehicle contained in the Prohibition Act, however, did not dispute that
powers of this Court under Article 226 of the Constitution to order release of
the vehicle can be exercised at any time, whenever the Court deems it
appropriate.


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      R/SCR.A/10396/2026                                   ORDER DATED: 23/07/2026




10.      The Coordinate Bench of this Court in the case of Musa Khan Jat Vs.
State of Gujarat (SCR.A/7190/2017), in an identical case, released the vehicle
by exercising the power under Articles 226 and 227 of the Constitution of
India.

11.      It would be worthwhile to refer profitably at this stage to the
observations made by the Hon’ble Apex Court in 'SUNDERBHAI
AMBALAL DESAI VS. STATE OF GUJARAT' (Supra), which read as
under:

         "15. Learned senior counsel Mr. Dholakia, appearing for the State of
         Gujarat further submitted that at present in the police station premises,
         number of vehicles are kept unattended and vehicles become junk day by
         day. It is his contention that appropriate directions should be given to
         the Magistrates who are dealing with such questions to hand over such
         vehicles to its owner or to the person from whom the said vehicles are
         seized by taking appropriate bond and the guarantee for the return of
         the said vehicles if required by the Court at any point of time.

         16. However, the learned counsel appearing for the petitioners
         submitted that this question of handing over vehicles to the person from
         whom it is seized or to its true owner is always a matter of litigation and
         a lot of arguments are advanced by the concerned persons.

         17. In our view, whatever be the situation, it is of no use to keep such
         seized vehicles at the police stations for a long period. It is for the
         Magistrate to pass appropriate orders immediately by taking
         appropriate bond and guarantee as well as security for return of the
         said vehicles, if required at any point of time. This can be done pending
         hearing of applications for return of such vehicles."

12.      Resultantly, this petition is allowed. The orders of the learned Trial
Court as well as learned Sessions Court impugned in the petition are hereby
quashed and set aside.


13.       The learned Trial Court / authority concerned is directed to release the
vehicle of the petitioner being Muddamal Vehicle i.e TATA Truck bearing


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       R/SCR.A/10396/2026                                                     ORDER DATED: 23/07/2026




 Registration No.GJ-10-Z-6509 detained in connection with the FIR
 No.11202045250186 of 2025 registered with Panch ‘A’ Division Police
 Station, Jamnagar on the terms and conditions that the petitioner:


          (i) shall furnish a solvent surety of the amount equivalent to the price of
          the vehicle in question stated in the FIR.
          (ii) shall file undertaking before the learned Trial Court that he shall not
          transfer the vehicle till final disposal of the trial.
          (iii)     shall produce the vehicle as and when directed by the learned
          Trial Court.
          (iv) in the event of any subsequent offence, the vehicle shall stand
          confiscated.

 14.      Before release of the vehicle, concerned police authority shall take
 photographs of the vehicle from all sides at the cost of the petitioner and shall
 draw necessary panchanama to that effect. Said panchanama and photographs
 shall be part of charge sheet papers for the purpose of trial.


 15.      Copy of this order be send to concerned RTO, where the vehicle is
 registered, for necessary entry in the Register and to take notice that this Court
 has restrained transfer of vehicle till final disposal of the trial. Such transfer
 shall be subject to any order that may be passed by the learned Trial Court
 permitting transfer of vehicle.


 16.      Rule is made absolute, accordingly. Direct service is permitted.


                                                                                  (M. R. MENGDEY,J)
 RAVI OZA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAVI OZA(HCW0111), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 24/07/2026 14:07:29




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