PARSINGBHAI DALABHAI DAMORversusSTATE OF GUJARAT

      R/SCR.A/3244/2026                             ORDER DATED: 09/03/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
                       NO. 3244 of 2026
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                          PARSINGBHAI DALABHAI DAMOR
                                     Versus
                            STATE OF GUJARAT & ANR.
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Appearance:
MR. HARISHCHANDRA T BAMANIA(18586) for the Applicant(s) No. 1
MR MEET THAKKAR, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                Date : 09/03/2026

                                 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 Vehicle i.e ALTO K10 LXI bearing Registration No.GJ-20-CA-
0515 detained in connection with the FIR No.11821030251703 OF
2025 registered with Jhalod Police Station, Dahod for the o:ences
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 pass or permit. Therefore, an FIR as
aforesaid came to be registered for the o:ence punishable under the
Prohibition Act.



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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 con>scation 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 pro>tably at this stage to 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


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                 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. The order dated 23.01.2026
passed by the learned Additional Chief Judicial Magistrate, Jhalod in
Criminal Misc. Application No.19 of 2026 as well as the order dated
02.02.2026 passed by learned 3 rd Additional Sessions Judge, Dahod
(Rural), Ahmedabad in Criminal Revision Application No.18 of 2026 are
hereby quashed and set aside.

10.       The learned Trial Court / authority concerned is directed to
release the vehicle of the petitioner being Muddamal Vehicle i.e ALTO
K10     LXI     bearing    Registration      No.GJ-20-CA-0515       detained       in
connection with the FIR No.11821030251703 OF 2025 registered with
Jhalod 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.
        (ii) shall >le undertaking before the learned Trial Court that he

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          shall not transfer the vehicle till >nal 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 o:ence, the vehicle shall
          stand con>scated.


 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 e:ect. 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 >nal 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)
 KUMAR ALOK

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 12/03/2026 11:36:29




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