Meet Ramjibhai Kariyavara vs State Of Gujarat
2026 Latest Caselaw 1738 Guj

Citation : 2026 Latest Caselaw 1738 Guj
Judgement Date : 27 March, 2026

[Cites 8, Cited by 0]

Gujarat High Court

Meet Ramjibhai Kariyavara vs State Of Gujarat on 27 March, 2026

Author: Gita Gopi

Bench: Gita Gopi

                                                                                                              NEUTRAL CITATION




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

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                                     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
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                       Appearance:
                       MR KUNAL S SHAH(5282) for the Applicant(s) No. 1
                       MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
                       ==========================================================
                          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

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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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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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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;