The Gujarat High Court has reiterated that Section 98(2) of the Gujarat Prohibition Act, 1949 does not operate as an absolute embargo against the release of a seized vehicle on interim custody pending trial in a liquor case.

The High Court was considering a petition seeking to release the Muddamal Vehicle, a Skoda Car.

The Single Bench of Justice J. C. Doshi held, “Recently, the Hon’ble Apex Court in case of M/s ABC Express Vs. State of Gujarat, 2026 noticed interplay of section 451 of the Code of Criminal Procedure, 1973 (section 497 of BNSS) and section 98 of the Gujarat Prohibition Act, 1949 and held that section 98(2) of the Gujarat Prohibition Act, 1949 does not operate as an absolute embargo against the release of a seized vehicle on interim custody pending trial.”

Advocate Aditya A Asthavadi represented the Petitioner while Addl. Public Prosecutor Krina Calla represented the Respondent.

Factual Background

The police personnel, while patrolling, received secret information that the vehicle in question was carrying liquor. The police authorities intercepted the vehicle and, on search, found the driver carrying liquor without any pass or permit. Therefore, an FIR was registered with Kuvadva Road Police Station for the offence punishable under the Prohibition Act.

Reasoning

The Bench referred to the judgment of the Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat (2003), wherein the Apex Court had held that there is no need to keep such seized vehicles at the police stations for a long period and the Magistrate should pass appropriate orders.

The Bench thus directed the Trial Court/Authority to release the vehicle of the petitioner while imposing certain terms and conditions.

The Bench ordered, “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.”

Cause Title: Maksudbhai Inusbhai Hamirka v. State of Gujarat (Neutral Citation: 2026:GUJHC:71192)

Appearance

Applicant: Advocates Aditya A Asthavadi, Jigar I Salvi

Respondent: Addl. Public Prosecutor Krina Calla

Click here to read/download Order


Gujarat High CourtJustice J.C. Doshi

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.