High Court of Gujarat
VISHABHAI RANABHAI AAYARversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- M R MENGDEY
Holding
The High Court may order the release of a vehicle seized under the Gujarat Prohibition Act, subject to appropriate surety and undertaking, exercising its extraordinary jurisdiction under Articles 226 and 227.
Summary
Vishabhai Ranabhai Aayar filed a special criminal application under Article 226, Article 227 of the Constitution and Section 497 of the Bharatiya Nagarik Suraksha Sanhita seeking the release of his auto‑rickshaw (Regn. No. GJ‑12‑CT‑2779) seized by police under the Gujarat Prohibition Act for carrying muddamal without a permit. The prosecution argued that the vehicle was intercepted based on secret information and the driver was found in possession of muddamal, justifying the seizure. The petitioner relied on the High Court’s wide extraordinary jurisdiction and cited the Supreme Court’s observations in Sunderbhai Ambalal Desai v. State of Gujarat, while the respondent did not dispute the court’s power to order release. The bench, referring to the earlier decision in Musa Khan Jat v. State of Gujarat, held that the vehicle should be released subject to a surety, undertaking, and other conditions. Accordingly, the petition was allowed and the trial court was directed to release the vehicle under the stipulated terms.
Issues considered
- Whether the High Court can, under its extraordinary jurisdiction (Art. 226) and inherent powers, order the release of a vehicle seized under the Gujarat Prohibition Act.
- Whether conditions such as a monetary surety and undertaking can be imposed for the release of the seized vehicle.
- Whether the seizure of the vehicle without a permit constitutes a ground for immediate release pending trial.
Legislation cited
Subjects
Article 226Article 227extraordinary jurisdictionvehicle seizureGujarat Prohibition Actmuddamalsuretyrelease of confiscated propertyspecial criminal application
Judgment
R/SCR.A/5626/2026 ORDER DATED: 23/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 5626 of 2026
==========================================================
VISHABHAI RANABHAI AAYAR
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR PARESH N FUFAL(10895) for the Applicant(s) No. 1
MR SALIM M SAIYED(5172) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 23/04/2026
ORDER
1. 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 497 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to
release Muddamal Vehicle i.e Auto Rickshaw bearing
Registration No.GJ-12-CT-2779 detained in connection with the
FIR No.11205012250063 2025 registered with Mandvi Marine
Police Station, Kachchh for the offences punishable under
provisions of the Gujarat Prohibition Act.
2. Rule. Learned APP waives notice of rule for and on behalf
of the respondent.
3. The case of the prosecution is that while the police
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R/SCR.A/5626/2026 ORDER DATED: 23/04/2026
personnel were on patrolling, they received a secret information
of the vehicle in question carrying muddamal and when police
authorities intercepted the same, on carrying out the search of
the said vehicle, its driver was found carrying muddamal without
any pass or permit. Therefore, an FIR as aforesaid came to be
registered for the offence punishable under the Prohibition Act.
4. Heard learned advocate for the petitioner and learned APP
for the respondent.
5. 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
Apex Court lamented the scenario of number of vehicles having
been kept unattended and becoming junk within the police
station premises.
6. 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.
7. 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.
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R/SCR.A/5626/2026 ORDER DATED: 23/04/2026
8. It would be worthwhile to refer profitably at this stage to
the observations made by the 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."
9. Resultantly, this petition is allowed.
10. The learned Trial Court / authority concerned is directed
to release the vehicle of the petitioner being Muddamal Vehicle
i.e Auto Rickshaw bearing Registration No.GJ-12-CT-2779
detained in connection with the FIR No.11205012250063 2025
registered with Mandvi Marine Police Station, Kachchh on the
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R/SCR.A/5626/2026 ORDER DATED: 23/04/2026
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.
11. 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.
12. 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.
13. Rule is made absolute, accordingly. Direct service is
permitted.
(M. R. MENGDEY,J)
NABILA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NABILABANU MOHAMADNOOR PATNIJAMAT(HC00630), Private Secretary, at High Court of Gujarat on 27/04/2026 13:12:00
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