Gujarat High Court
Kaushal Mahendrabhai Vora vs State Of Gujarat on 9 December, 2022
Bench: Ilesh J. Vora
R/SCR.A/12858/2022 ORDER DATED: 09/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 12858 of 2022
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KAUSHAL MAHENDRABHAI VORA
Versus
STATE OF GUJARAT
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Appearance:
MR K S CHANDRANI(6674) for the Applicant(s) No. 1
MOXA THAKKAR APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 09/12/2022
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 cash amount which was
seized in pursuant to the FIR bearing I. C.R.No.
11189004210934 of 2021 registered with Morbi City
B Division Police Station, Morbi for the offence
punishable under Sections 274, 375, 420, 308, 120(B), 34,
304, 465, 467, 468, 469, 471, 201, 406, 483, 486, 487 and
276 of IPC and under Sections 3, 7 and 11 of the Essential
Commodities Act and under Section 53 of the Disaster
Management Act and under Section 27 of the Drugs and
Cosmetics Act and also prays to quash and set aside the
R/SCR.A/12858/2022 ORDER DATED: 09/12/2022
order dated 17.11.2021 passed by learned Sessions Judge,
Morbi in Cr.M.A. No. 799 of 2021 rejecting the application
of the petitioner for interim custody of the said muddamal.
[3] Heard learned advocate Mr. K.S. Chandrani for the
petitioner and APP Ms Moxa Thakkar, for the respondent -
State.
[4] Mr. Chandrani, learned advocate for the petitioner
would submit that during the investigation, the cash
amount Rs.14,50,000/- being recovered and seized from
the petitioner. He would further submit that the seized
amount has nothing to do with the alleged offence as it is
the personal savings of the applicant. He 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 and currency notes, 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
R/SCR.A/12858/2022 ORDER DATED: 09/12/2022
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 cash
amount, if released in favour of the petitioner, no
prejudice is likely to be caused to the prosecution. Thus,
therefore, the currency note 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
order passed the Sessions Court, Morbi is hereby quashed
and set aside. The authority concerned and/or court
concerned, is directed to release the muddamal cash
amount of the petitioner on condition of furnishing
personal bond of the equivalent amount. Before handing
over the possession of the muddamal cash amount to the
petitioner, detailed panchnama of the currency notes with
their numbers and/or denomination, if not already drawn,
shall be drawn for the purpose of trial. The production of
the currency notes during the course of trial should not be
insisted to produce by the petitioner. The petitioner is
permitted to use the currency notes.
R/SCR.A/12858/2022 ORDER DATED: 09/12/2022
[8] Rule is made absolute. Direct service is
permitted.
(ILESH J. VORA,J)
P.S. JOSHI
