Supreme Court allows interim release of seized vehicle after over one year in police custody
The case concerns an appeal by M/S ABC Express against the refusal of lower courts to release a truck seized for transporting prohibited liquor, seeking interim custody of the vehicle pending trial under the Gujarat Prohibition Act.
Appellant: M/S ABC Express; Respondent: State of Gujarat; Bench: Justice Prashant Kumar Mishra.
- The Court held that Section 98(2) of the Gujarat Prohibition Act, 1949, is not an absolute embargo on the release of seized vehicles.
- The Court directed that the Trial Court must exercise its powers under Section 451 of the Code of Criminal Procedure, 1973 (or corresponding BNSS provisions) to pass appropriate orders on interim custody.
- The Court found that the Courts below erred in taking a narrow view of their powers under Sections 451, 457, 458, and 459 of the Cr.PC.
- The Court referenced the principle that seized property should not be retained in police or court custody longer than absolutely necessary, especially if it is subject to decay.
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Document details
| Official title | No Absolute Bar On Interim Release Of Vehicles Seized Under Gujarat Prohibition Act : Supreme Court |
| Source body | Supreme Court of India — orders & judgments |
| Reference number | M/s ABC Express v State of Gujarat |
| Status | closed (order) |
| Year | 2026 |
| Closing date | — |
| Documents | 1 |