Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration
Date: 02.09.2026
High Court of Gujarat on Conditional Release of Seized Vehicle Under NDPS Act
This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .
A recent order from the High Court of Gujarat at Ahmedabad addresses the release of a vehicle seized in connection with a narcotics case. This article provides a detailed overview of the case, the legal reasoning behind the court’s decision, and the implications for similar cases involving seized property under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
Background of the Case
- Case Title: Anwarhusain @ Zandu Allanur Lakhara vs. State of Gujarat
- Court: High Court of Gujarat, Ahmedabad
- Vehicle Involved: Maruti Omni (Registration No. GJ-20-A-9287)
- Context: The vehicle was seized by police in connection with an FIR registered under the NDPS Act, alleging its use in transporting contraband.
Legal Arguments Presented
- Petitioner’s Argument:
- Sought release of the seized vehicle by invoking the court’s extraordinary jurisdiction under Articles 226 and 227 of the Constitution and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
- Emphasized the court’s wide powers to grant such relief.
- State’s Opposition:
- Argued that the vehicle was used in the commission of an NDPS Act offence and should be confiscated, not released.
- Cited the Supreme Court’s decision in Bishwajit Dey vs. State of Assam (2025 INSC 32) to support the bar on release under Section 60 of the NDPS Act.
Court’s Analysis and Reasoning
- The court clarified that mere use of a vehicle in an NDPS offence does not automatically bar its release.
- Jurisdiction under Section 451 of the Criminal Procedure Code (Cr.P.C.) and Section 60 of the NDPS Act remains intact for considering release applications.
- The court noted the absence of direct evidence that contraband was seized from the vehicle itself, relying only on statements from co-accused.
- The court referenced the Supreme Court’s guidance in Sunderbhai Ambalal Desai vs. State of Gujarat (2002) 10 SCC 283, emphasizing the need to avoid deterioration of seized vehicles during prolonged trials.
Order and Conditions for Release
The High Court allowed the petition and directed the trial court to release the vehicle, subject to strict conditions:
- Solvent Surety: The petitioner must provide a surety equivalent to the vehicle’s value as stated in the FIR or panchnama.
- Undertaking: The petitioner must undertake not to transfer, change the identity, or alter the color of the vehicle until the trial concludes.
- Production on Demand: The vehicle must be produced before the trial court whenever required.
- Future Offences: If the vehicle is involved in any subsequent offence, it will be confiscated.
- Authority’s Rights: The order does not prevent the trial court from initiating confiscation or auction proceedings if necessary.
- Documentation: Police must photograph the vehicle from all sides and prepare a panchanama before release, with these documents forming part of the charge sheet.
- RTO Notification: The order must be sent to the relevant RTO to record the restriction on transfer until the trial’s conclusion.
Implications and Takeaways
- Legal Precedent: The order reinforces that courts retain discretion to release seized vehicles under the NDPS Act, especially when direct evidence of contraband recovery from the vehicle is lacking.
- Protection of Property: The decision balances the need to preserve evidence with the rights of property owners, preventing unnecessary deterioration of vehicles during lengthy legal proceedings.
- Stringent Safeguards: The imposed conditions ensure that the vehicle remains available for trial and is not misused or disposed of improperly.
Conclusion
This High Court order provides important guidance for handling seized vehicles in narcotics cases. It underscores the judiciary’s role in protecting property rights while upholding the law, and sets out clear procedures and safeguards for the conditional release of such property during ongoing trials.
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Source: Gujarat High Court
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