High Court of Gujarat

NARESHBHAI VIRABHAI VADIversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: GITA GOPI

Holding

The condition of producing a bank guarantee is modified to the production of a bond of equivalent value.

Summary

Nareshbhai Virabhai Vadi applied for a revision under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to replace the bank guarantee condition imposed by the Special Court, NDPS Act, for the interim release (Muddamal) of a seized Maruti Suzuki vehicle. The Special Court had ordered the vehicle’s release conditioned on a bank guarantee equal to the vehicle’s value, which the applicant argued was financially onerous. The respondent contended that the condition was proper and must be complied with. The High Court examined whether the bank guarantee condition could be altered in view of the applicant’s inability to furnish it. The Court held that the condition should be modified, directing the applicant to provide a bond of equivalent value instead, and allowed the revision application.

Issues considered

Whether the condition of furnishing a bank guarantee for the Muddamal can be modified to a bond under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023s. 438, s. 442

Subjects

Muddamalinterim releasebank guaranteebondrevision applicationNDPS ActSection 438Section 442Bharatiya Nagarik Suraksha Sanhita

Judgment

     R/CR.RA/1717/2025                            ORDER DATED: 10/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL REVISION APPLICATION (FOR MUDDAMAL) NO. 1717 of
                            2025

==========================================================
                         NARESHBHAI VIRABHAI VADI
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR VISHVAJITSINH D CHAUHAN(10160) for the Applicant(s) No. 1
MR BHARGAV PANDYA APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                              Date : 10/04/2026

                                   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 2.1.2025 passed by the learned Sessions Judge, Special
       Court, NDPS Act, Ahmedabad in Criminal Misc. Application no.
       8594 of 2024 and to permit the applicant to execute solvent
       surety instead of Bank guarantee equivalent to the amount of
       vehicle.


2.     Learned advocate Mr. Kishan Prajapati for learned Advocate
       Mr.Vishvajitsinh Chauhan for the applicant submitted that the
       Special Court, NDPS Act has granted the prayer for handing
       over the Muddamal Maruti Suzuki Indian Limited Company’s
       Ecco 5 Star S.C. CNG car bearing registration no. GJ-09 - BM-
       2052, but the given possession has been granted with a
       condition of executing bank guarantee to the value of the car,


                                  Page 1 of 3
      R/CR.RA/1717/2025                                       ORDER DATED: 10/04/2026




        which is shown in the Muddamal Pavti.


2.1     Learned Advocate Mr. Prajapati submitted that as per the
        bank rules for the bank guarantee, the person has to show
        more than twice the property to the bank and thus, submitted
        that the order impugned dated 02.01.2025 passed by the
        Special Court, NDPS has become onerous as the applicant is
        not in a position to get the vehicle released.


3.      Countering the arguments, learned APP Mr. Bhargav Pandya
        has submitted that the conditions are required to be followed
        and it has been laid down, having considered the facts and
        circumstances of the case.


4.      The learned Special Court, NDPS has granted the Muddamal
        for the interim period to the condition laid down which would
        though be sufficient for ensuring the availability of the vehicle
        during      the   trial,   but    the     condition   of   producing       bank
        guarantee would rather make the order not capable of being
        executed since the financial condition of the applicant would
        not be so sound to produce the bank guarantee.


5.      Having considered the grounds raised and submissions made,
        this Court considers that the condition of producing bank
        guarantee to the value of the vehicle as shown in the
        Muddamal Pavti requires modification.


6.      Thus, the condition of producing bank guarantee is modified
        by directing the petitioner to produce bond to the value of the
        vehicle as shown in the Muddamal Pavti.



                                         Page 2 of 3
             R/CR.RA/1717/2025                                                    ORDER DATED: 10/04/2026




       7.       In view of the above, the present application is allowed in the
       above terms. Direct Service is permitted.




                                                                                              (GITA GOPI,J)
       PARMAR KRISH/37


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR KRISH(HC02348), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 10/04/2026 17:34:43




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