Supreme Court allows interim release of seized vehicle after over one year in police custody

Who it concerns: Appellant: M/S ABC Express; Respondent: State of Gujarat; Bench: Justice Prashant Kumar Mishra.

What the court decided

• 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.

Also in the document

• The judgment is marked as 'NON-REPORTABLE'.
• The seized vehicle contained 8,064 bottles of IMFL (approx. 22,532.253 litres) valued at Rs. 17,02,656/- and edible goods valued at Rs. 98,66,552/-.
• The Court noted that the vehicle had been parked in the Police Station for more than one year and was deteriorating.
• The Court cited the 2024 judgment in Khengarbhai Lakhabhai Dambhala v. The State of Gujarat to support the interpretation that statutory embargo provisions must be harmonized with general criminal procedure codes.