R/SCR.A/12408/2022 ORDER DATED: 13/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 12408 of 2022
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PRAHLADBHAI VIRAJI VALAND
Versus
STATE OF GUJARAT
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Appearance:
RAZIN S ZEENA(9377) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MRS KRINA CALLA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 13/02/2023
ORAL ORDER
[1] Rule. Learned APP waives service of notice of rule for and on behalf of respondent - State.
[2] This petition has been preferred under Articles 226 and 227 of the Constitution of India essentially seeking relief to release the muddamal vehicle being Bajaj Auto Ltd, Discover 125 T, bearing registration No. GJ-01-SB-0071, which was seized in pursuant to the FIR bearing C.R.No. 11191013211584 of 2021 registered with Krishnanagar Police Station, for the offence mentioned int eh FIR and also prays to quash and set aside the order dated 16.09.2022 passed by the Ld. City Civil & Sessions Court, Ahmedabad, in Revision Application No. 185 of 2022 and order dated 12.07.2022 passed by Ld. Metropolitan Magistrate Court, Ahmedabad below application u/s. 451 of Code, rejecting the application of Page 1 of 3 Downloaded on : Mon Feb 13 21:09:23 IST 2023 R/SCR.A/12408/2022 ORDER DATED: 13/02/2023 the petitioner for interim custody of the said muddamal. [3] Heard learned advocate Mr. R.S. Zeena for the petitioner and APP Mrs Krina Calla, for the respondent - State.
[4] Mr. Zeena, learned advocate for the petitioner would submit that during the investigation, the muddamal in question is being recovered and seized from the petitioner. He would further submit that the seized muddamal has nothing to do with the alleged offence. She also invited the attention of the court to the judgment of the Apex Court in the case of Sundarbhai Ambalal Desai Vs. State of Gujarat, AIR 2003 SC 638, wherein, the Apex Court in regard to the valuable articles, held that no useful purpose would be served to keep such articles in police custody for years till the trial is over and in such cases, court should pass appropriate orders.
[5] Learned Additional Public Prosecutor appearing for the respondent - State has opposed this petition and submits that the petitioner is involved in the serious offence and considering the nature of offence, the learned Sessions Court has rightly rejected the application and therefore, application may not be entertained.
[6] Considering the facts and circumstances of the present case and procedure laid down by the Apex Court in case of Sundarbhai Desai (Supra), this Court is of considered opinion that, the interim custody of the muddamal in question, if released in favour of the petitioner, no prejudice is likely to be caused to the prosecution. Thus, therefore, the muddamal Page 2 of 3 Downloaded on : Mon Feb 13 21:09:23 IST 2023 R/SCR.A/12408/2022 ORDER DATED: 13/02/2023 seized by the police is required to be released in favour of the petitioner who is lawfully entitled to claim the amount.
[7] In the result, the petition is allowed. The impugned orders passed the court below are hereby quashed and set aside. The authority concerned and/or court concerned, is directed to release the muddamal vehicle being Bajaj Auto Ltd, Discover 125 T, bearing registration No. GJ-01-SB-0071 of the petitioner on condition of furnishing personal bond of the equivalent amount. Before handing over the possession of the muddamal to the petitioner, detailed panchnama of the same, shall be drawn for the purpose of trial. The production of the muddamal during the course of trial should not be insisted to produce by the petitioner. The petitioner is permitted to use the muddamal material.
[8] Rule is made absolute. Direct service is permitted.
(ILESH J. VORA,J) P.S. JOSHI Page 3 of 3 Downloaded on : Mon Feb 13 21:09:23 IST 2023