VISHNU KHICHAD S/O RAMKENversusSTATE OF GUJARAT

     R/SCR.A/9965/2026                                   ORDER DATED: 16/07/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
                       NO. 9965 of 2026
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                         VISHNU KHICHAD S/O RAMKE
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR NIRAV K PADHIYAR(5678) for the Applicant(s) No. 1
MR JAY MEHTA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                              Date : 16/07/2026

                                    ORDER

       Leave to amend. Amendment to be carried out forthwith.

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 Maruti Suzuki Brezza car bearing
Registration No.GJ-08-BS-5443 detained in connection with the
FIR No.11195050240930 of 2024 registered with Tharad Police
Station,      Banaskantha     for     the     offences   punishable         under
provisions of the Gujarat Prohibition Act, Motor Vehicle Act and
Bharatiya Nyaya Sanhita.

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
personnel were on patrolling, they received a secret information
of the vehicle in question carrying liquor and when police

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     R/SCR.A/9965/2026                                   ORDER DATED: 16/07/2026




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.

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
Hon’ble 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.

8.     It would be worthwhile to refer profitably at this stage to



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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."

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


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          R/SCR.A/9965/2026                                                              ORDER DATED: 16/07/2026




  i.e Maruti Suzuki Brezza car bearing Registration No.GJ-08-BS-
  5443 detained in connection with the FIR No.11195050240930
  of 2024 registered with Tharad Police Station, Banaskantha 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.
  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)
  AHS
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT SONAGARA(HCD0079), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/07/2026 11:21:02


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