3 days ago
Supreme Court Releases Gujarat Liquor Truck After 20 Months
Police in Gujarat stopped a truck suspected of carrying illegal liquor.
They said it contained 8,064 bottles hidden among other goods.
The truck stayed in police or court custody for about 20 months.
Its owner said the truck was losing value and could not be used for business.
The Supreme Court agreed that keeping the truck unused would not help the case.
The court said photographs, videos, and a detailed report could preserve evidence.
It ordered the truck returned temporarily under strict conditions.
The criminal case and any possible confiscation will continue separately.
The Supreme Court ordered release of a truck seized in Gujarat after alleged liquor transport.
Police allegedly found 8,064 IMFL bottles, totaling about 22,532 litres, in January 2025.
The court said prolonged detention would cause the commercial vehicle to deteriorate and financially harm its owner.
It ruled that Section 98(2) of the Gujarat Prohibition Act does not absolutely bar interim release.
The truck’s owner must provide Rs 15 lakh security and produce the vehicle when required.
- Who
- The Supreme Court bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar, truck owner M/s ABC Express, and four accused including the driver.
- What
- The court ordered interim release of a truck seized in an alleged liquor-transport case.
- Where
- The truck was intercepted near Lunawada while travelling toward Vadodara in Gujarat.
- When
- The truck was intercepted on the intervening night of January 4 and 5, 2025; the release ruling came about 20 months later on a Wednesday.
- Why
- The court said continued custody would cause deterioration and financial loss, while evidence could be preserved through records, photographs, and videos.
Interim Release Advocates
Continued Custody Advocates
Meaning of Section 98(2)
Interim Release Advocates
The Supreme Court held that the provision is not an absolute bar to interim release and that criminal courts retain custody powers.
Continued Custody Advocates
The state argued that the provision prevented release on bond or surety until the criminal case reached final judgment.
Value of Keeping the Truck
Interim Release Advocates
The owner said the commercial vehicle was deteriorating, causing financial loss, and could be preserved as evidence through a panchnama, photographs, and videos.
Continued Custody Advocates
The state opposed release while the alleged liquor offence and possible confiscation proceedings remained pending.
Effect on the Criminal Case
Interim Release Advocates
The Supreme Court said interim release would not affect the pending trial or separate confiscation process.
Continued Custody Advocates
The truck must remain available to investigators and the trial court, with security available if it is eventually confiscated.
Key facts
- Alleged liquor seized
- 8,064 bottles of Indian Made Foreign Liquor
- Estimated liquor volume
- About 22,532 litres
- Estimated liquor value
- Rs 17.02 lakh
- Other goods
- Edible transport goods valued at nearly Rs 98.67 lakh
- Release security
- Personal bond and appropriate security of Rs 15 lakh
- Legal provision
- Section 98(2) of the Gujarat Prohibition Act, 1949
- Release conditions
- The owner cannot sell the truck or create third-party rights and must produce it when required
Quotes
Supreme Court bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar
The two-judge Supreme Court bench hearing the vehicle custody appeal.
“Vehicles, prevented from being released back to their owners under Section 98(2), languish and deteriorate sitting in a police station or court compound until final disposal of the criminal case. This benefits no one and causes major losses to the owner.”
indianexpress.com
“What purpose is actually served by continued custody and placing the vehicle in a state of suspended animation”
indianexpress.com
Sources
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