Gujarat High Court
Anopsinh Ranjitsinh Zala vs State Of Gujarat on 15 February, 2023
Bench: Ilesh J. Vora
R/SCR.A/11551/2021 ORDER DATED: 15/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 11551 of 2021
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ANOPSINH RANJITSINH ZALA
Versus
STATE OF GUJARAT
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Appearance:
MR BHAVIN S RAIYANI(3855) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2
PRANAV TRIVEDI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 15/02/2023
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 cash amount which was seized in
pursuant to the FIR bearing C.R.No. 11213015201545 of 2020
registered with Gondal City Police Station, for the offences
mentioned therein and also prays to quash and set aside the
order dated 25.03.2021 and 02.02.2021 passed by the courts
below .
3. Heard learned advocate Mr. Raiyani for the petitioner and
APP Mr Trivedi, for the respondent - State.
R/SCR.A/11551/2021 ORDER DATED: 15/02/2023
4. Mr. Raiyani, learned advocate for the petitioner would
submit that during the investigation, the cash amount
Rs.5,82,500/- 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 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.
R/SCR.A/11551/2021 ORDER DATED: 15/02/2023
7. 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.
8. Rule is made absolute. Direct service is permitted.
(ILESH J. VORA,J)
P.S. JOSHI
