Gujarat High Court
Keshubhai Gangabhai Vadher vs State Of Gujarat on 22 November, 2022
Bench: Ilesh J. Vora
R/SCR.A/2077/2022 ORDER DATED: 22/11/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 2077 of 2022
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KESHUBHAI GANGABHAI VADHER
Versus
STATE OF GUJARAT
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Appearance:
MR DADHICHI L LIMBOLA(10936) for the Applicant(s) No. 1
DIVYANGNA ZALA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 22/11/2022
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 which was
seized in pursuant to the FIR bearing C.R.No.
11203055210271 of 2021 registered with Shil Police
Station, Junagadh for the offences mentioned in the FIR
and also prays to quash and set aside the order dated
08.02.2022 passed by the learned 2nd Addl. District &
Sessions Judge, Keshod in Revision Application No. 5 of
2012 and order dated 01.01.2022 passed by learned JMFC,
Mangrole below application u/s. 451 of Code, rejecting the
R/SCR.A/2077/2022 ORDER DATED: 22/11/2022
application of the petitioner for interim custody of the said
muddamal.
[3] Learned advocate for the petitioner would
submit that during the investigation, the cash amount
Rs.3,05,000/- 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.
[4] 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.
[5] 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
R/SCR.A/2077/2022 ORDER DATED: 22/11/2022
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.
[6] In the result, the petition is allowed. The
impugned orders passed the courts below are hereby
quashed and set aside. The authority concerned and/or
court concerned, is directed to release the mudamal 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.
[7] Rule is made absolute. Direct service is
permitted.
(ILESH J. VORA,J)
P.S. JOSHI
