ASHISHSINH KAMLESH DHAKEDversusSTATE OF GUJARAT

     R/SCR.A/15043/2025                             ORDER DATED: 13/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
                      NO. 15043 of 2025

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                          ASHISHISNH KAMLESH DHAKER
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR. JAVED S QURESHI(6999) for the Applicant(s) No. 1
MS KRINA CALLA APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                Date : 13/01/2026
                                 ORAL 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 commercial Vehicle i.e EICHER TEMPO
bearing Registration No. MH-02-ER-2736 detained in connection
with the FIR being C.R. No.11821008240986 of 2024 registered
with Dahod Rural Police Station, Dahod 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
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



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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.

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


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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
commercial Vehicle i.e EICHER TEMPO bearing Registration No.
MH-02-ER-2736 detained in connection with the FIR being C.R.
No.11821008240986 of 2024 registered with Dahod Rural Police
Station, Dahod 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.


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             (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)
   MISHRA AMIT V.
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 17/01/2026 10:32:01




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