[Cites 4, Cited by 0]
Gujarat High Court
Gamara Mahasagar Jodhabhai vs State Of Gujarat on 11 December, 2025
NEUTRAL CITATION
R/SCR.A/16443/2025 ORDER DATED: 11/12/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 16443 of 2025
==========================================================
GAMARA MAHASAGAR JODHABHAI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. SANDIP A. KAPADIYA(17911) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 11/12/2025
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 Eicher Pro Commercial Vehicle
bearing Registration No.GJ-03-BV-7976 detained in connection
with the FIR No.11214020252397 of 2025 registered with
Kamrej Police Station, Surat Rural 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
NEUTRAL CITATION
R/SCR.A/16443/2025 ORDER DATED: 11/12/2025
undefined
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
the observations made by the Hon'ble Apex Court in
NEUTRAL CITATION
R/SCR.A/16443/2025 ORDER DATED: 11/12/2025
undefined
'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. The Judgment and
Order dated 23/09/2025 passed by the Learned Judicial
NEUTRAL CITATION
R/SCR.A/16443/2025 ORDER DATED: 11/12/2025
undefined
Magistrate First Class, Kathor and the order dated 21/11/2025
passed by the Learned 5th Additional Sessions Judge, Surat in
CR.R.A.NO. 475 of 2025 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 Eicher Pro Commercial Vehicle bearing Registration No.GJ-
03-BV-7976 detained in connection with the FIR
No.11214020252397 of 2025 registered with Kamrej Police
Station, Surat Rural 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
NEUTRAL CITATION
R/SCR.A/16443/2025 ORDER DATED: 11/12/2025
undefined
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
