MEET RAMJIBHAI KARIYAVARAversusSTATE OF GUJARAT

     R/CR.RA/103/2026                            ORDER DATED: 27/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL REVISION APPLICATION (FOR MUDDAMAL) NO. 103 of
                            2026
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                        MEET RAMJIBHAI KARIYAVARA
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR KUNAL S SHAH(5282) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                             Date : 27/03/2026

                                 ORDER


1.     By way of the present application under Section 438 read with

       Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

       the applicant has prayed to quash and set aside the order

       dated 28.10.2025 passed by the learned 12 th Additional

       Sessions Judge, Surat in Criminal Misc. Application no. 8103

       of 2025, and also to release the Skoda four-wheeler vehicle

       having registration no. GJ-05 CM-8995 bearing Chassis no.

       TMBBEH3T99A301260 and Engine no. BKD896813 seized in

       connection with FIR no.11210015250109/2025 registered

       with DCB Police Station, Surat City for the offence punishable

       under Sections 8(C), 22(B) and 29 of the Narcotic Drugs and

       Psychotropic Substances Act, 1985 (hereinafter referred to as

       “the NDPS Act” for short).



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2.     Learned advocate Mr. Kunal Shah referring to the role

       attributed to the applicant submitted that MD Drug was found

       in   the     custody   of   the    co-accused    –   Ketan      @     Vakil

       Mansukhbhai Patel who was with the applicant in his vehicle.

       Mr. Shah submitted that no such contraband was found from

       the possession of the present applicant.


3.     Mr. Bhargav Pandya, learned APP has submitted that the

       vehicle was used, within the knowledge of the applicant for

       transporting MD drugs and hence, submitted that the said fact

       has to be taken into consideration because there would be all

       chances that again the vehicle would be used for such illegal

       purpose.



4.     In the case of Bishwajit Dev v. State of Assam, (2025) 3 SCC

       241, the Hon'ble Supreme Court has dealt with the interim

       custody for the release of vehicle involved in the offence

       under the Narcotic Drugs and Psychotropic Substances Act,

       1985 (hereinafter referred to as “the NDPS Act”). Here, there

       is no case of the police that it was in connivance with the

       present applicant that the article was transported. In the case

       of Bishwajit Dev (supra), the Hon’ble Supreme Court was of

       the view that if the seized vehicle is not liable to confiscation



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     R/CR.RA/103/2026                             ORDER DATED: 27/03/2026




       and if the owner of the seized vehicle can prove that the

       vehicle was used by the accused person without the owner’s

       knowledge or connivance and that he had taken all reasonable

       precaution against such use of the seized vehicle by the

       accused person, there is no specific bar/restriction under the

       Act for retaining of any seized vehicle used for transporting

       narcotic drugs or psychotropic substance in the interim

       pending disposal of the criminal case.


5.     In the case of Sundarbhai Ambalal Desai v. State of Gujarat

       reported in 2002 (10) SCC 283, the Hon’ble Apex Court dealt

       with the provision of Section 451 of Cr.P.C. and has stated in

       Paragraphs 5 and 7 as under:-



               “5. Section 451 clearly empowers the Court to
               pass appropriate orders with regard to such
               property, such as-


               (1) for the proper custody pending conclusion
               of the inquiry or trial;


               (2) to order it to be sold or otherwise disposed
               of, after recording such evidence as it think
               necessary;


               (3) if the property is subject to speedy and
               natural decay, to dispose of the same.


               7.       In our view, the powers under Section


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     R/CR.RA/103/2026                             ORDER DATED: 27/03/2026




               451 Cr.P.C. should be exercised expeditiously
               and judiciously. It would serve various
               purposes, namely:-


               1.   Owner of the article would not suffer
               because of its remaining unused or by its
               misappropriation;


               2.    Court or the police would not be required
               to keep the article in safe custody;


               3.    If the proper panchanama before handing
               over possession of article is prepared, that can
               be used in evidence instead of its production
               before the Court during the trial. If necessary,
               evidence could also be recorded describing the
               nature of the properly in detail; and


               4.    This jurisdiction of the Court to record
               evidence should be exercised promptly so that
               there may not be further chance of tampering
               with the articles.”



6.     Here, in the present matter, the allegation against the

       applicant is consumption of MD Drug while no such drug was

       found in his possession. The co-accused was carrying the said

       drug which was found from the inner part of his t-shirt, the

       plastic bag was removed and zip bag contained MD drug

       weighed about 30.150 gms.


7.     The applicant as owner of the vehicle cannot be attributed

       with the knowledge of the co-accursed carrying MD drug



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     R/CR.RA/103/2026                               ORDER DATED: 27/03/2026




       under his t-shirt and merely just because there were

       telephonic conversation between both of them, the knowledge

       of accused of the co-accused carrying MD Drug cannot be

       attributed to the applicant.


8.     In view of the above, the authority concerned is directed to

       release the Muddamal vehicle having registration no. GJ-05

       CM-8995 bearing Chassis no. TMBBEH3T99A301260 and

       Engine no. BKD896813 of the applicant on the terms and

       conditions that the applicant:-


               (i)      shall execute a bond of Rs.10,00,000/-, (Rupees

               Ten Lacs Only);


               (ii)     shall file an undertaking on oath before the

               concerned Trial Court that prior to alienation or transfer

               of the vehicle in any mode or manner, prior permission

               of the concerned Trial Court shall be taken;


               (iii)    shall also file an undertaking on oath to produce

               the vehicle as and when directed by the Trial Court.


9.     Learned advocate Mr. Shah also stated that the vehicle was

       purchased on hypothecation and HDFC Bank has issued a

       communication dated 16.1.2026 regarding the loan closure.



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       R/CR.RA/103/2026                                                           ORDER DATED: 27/03/2026




10.       In view of the above, the present application is allowed in the

          above terms. Direct Service is permitted.



                                                                                                (GITA GOPI,J)
          Maulik


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAULIK RAJESH PANDYA(HC00205), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/03/2026 18:04:57




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