[Cites 4, Cited by 0]
Gujarat High Court
Kalusinh Udaysinh Rathod vs State Of Gujarat on 15 May, 2026
NEUTRAL CITATION
R/SCR.A/7086/2026 ORDER DATED: 15/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF
MUDDAMAL) NO. 7086 of 2026
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KALUSINH UDAYSINH RATHOD
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NAVED MOHAMMAD A SHAIKH(12949) for the Applicant(s)
No. 1
MS. VRUNA SHAH, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 15/05/2026
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 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023 with a prayer to release Muddamal Vehicle i.e Tata
Signa 5530 S BSVI bearing Registration No.RJ-27-GE-
0127 detained in connection with the FIR
No.11191045260044 of 2026 registered with Sola High
Court Police Station, Ahmedabad City 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.
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R/SCR.A/7086/2026 ORDER DATED: 15/05/2026
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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 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
NEUTRAL CITATION
R/SCR.A/7086/2026 ORDER DATED: 15/05/2026
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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
'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 partly allowed. The order
dated 02.03.2026 passed by the learned 4 th Addl. Civil Judge
& Judicial Magistrate Court, First Class, Ahmedabad (Rural),
Navrangpura as well as the order dated 02.05.2026 passed by
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R/SCR.A/7086/2026 ORDER DATED: 15/05/2026
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4th Additional Sessions Judge, Ahmedabad (Rural), Ahmedabad
in Criminal Revision Application No.62 of 2026 are hereby
quashed and set aside. So far as rest of the muddamal is
concerned, prima facie, it appears that the petitioner is
unable to show ownership of the goods. Accordingly, the same
cannot be delivered / handed over to the petitioner. This
would not preclude the original owner to get back such
muddamal goods.
10. The learned Trial Court / authority concerned is
directed to release the vehicle of the petitioner being
Muddamal Vehicle i.e Tata Signa 5530 S BSVI bearing
Registration No.RJ-27-GE-0127 detained in connection
with the FIR No.11191045260044 of 2026 registered
with Sola High Court Police Station, Ahmedabad City 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
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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.
(MAULIK J.SHELAT,J)
Lalji Desai
