It is of No Use to Keep Such Seized Vehicles at the Police Stations for a Long Period: Gujarat High Court Grants Release of Seized Vehicle on Surety

In a significant judgement dated February 15, 2024, the Gujarat High Court, presided over by Justice Hasmukh D. Suthar, addressed the issue of long-term seizure of vehicles by police authorities. The Court allowed the petition for the release of a vehicle, specifically an Eicher Pro CNG Vehicle, which had been seized under the Gujarat Prohibition Act.

The judgement revolved around the legal provision under Article 226 and 227 of the Constitution of India, and Section 482 of the Code of Criminal Procedure, 1973. The petitioner sought the extraordinary jurisdiction of the High Court for the release of the muddamal vehicle, arguing that the continued seizure and the resultant deterioration of the vehicle was unnecessary.

The vehicle in question was seized by police during a patrol after being found transporting liquor without the requisite pass or permit, leading to its confiscation under the Gujarat Prohibition Act. The petitioner, who is the owner of the vehicle, approached the High Court arguing against the prolonged seizure of the vehicle, which was becoming unutilitarian at the police station.

Justice Hasmukh D. Suthar referenced the precedent set in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, highlighting the problematic nature of vehicles turning into junk due to prolonged seizure. The Court agreed that keeping the seized vehicles at police stations indefinitely serves no practical purpose. It emphasized the need for magistrates to pass orders for the release of such vehicles, taking appropriate bonds and guarantees for their return if required at any stage of the trial.

The High Court directed the release of the petitioner’s vehicle, subject to conditions including furnishing a solvent surety equivalent to the vehicle’s price, an undertaking not to alter the vehicle’s identity, and the requirement to produce the vehicle as directed by the trial court. Additionally, it was ordered that the vehicle’s transfer be restrained till the final disposal of the trial, and any subsequent offence involving the vehicle would lead to its confiscation.

Date of Decision: February 15, 2024.

Babitadevi Ranjitkumar Singh vs. State of Gujarat