Kaushal Mahendrabhai Vora vs State Of Gujarat
2023 Latest Caselaw 661 Guj

      R/SCR.A/1026/2023                             ORDER DATED: 24/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 1026 of 2023
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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
MR UTKARSH SHARMA APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                Date : 24/01/2023

                                 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 I. C.R.No. 11189004210934 of 2021 registerd with Morbi City B Division Police Station, for the offences mentioned therein.

[3] Heard learned advocate Mr. K.S. Chandrani for the petitioner and APP Mr Sharma, for the respondent - State.

[4] Mr. Chandrani, learned advocate for the petitioner would submit that during the investigation, the cash amount Rs.74,70,000/- being recovered and seized from the petitioner. He would further submit that the seized amount has nothing to

R/SCR.A/1026/2023 ORDER DATED: 24/01/2023

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.

[7] 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.

8. In the result, the petition is allowed. 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

R/SCR.A/1026/2023 ORDER DATED: 24/01/2023

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.

[11] Rule is made absolute. Direct service is permitted.

(ILESH J. VORA,J) P.S. JOSHI