In Brief
The appellant, claiming ownership of a vehicle seized under the Gujarat Prohibition Act in connection with an alleged smuggling of 1240 liters of English liquor, sought release through the High Court. The Supreme Court dismissed his appeal, holding that the proper forum for obtaining custody of property seized in a criminal case is the jurisdictional criminal court under Section 451 of the Code of Criminal Procedure, not the High Court's extraordinary jurisdiction. The Court clarified that seizure and confiscation operate in different fields: the criminal court handles custody during trial, while the statutory embargo under Section 98(2) applies when articles go to the Collector. The appellant was directed to approach the appropriate criminal court for relief.
The lawyer headnote and full judgment text are available to registered users.