Gujarat High Court
Shankarlal Harilal Taili vs State Of Gujarat on 19 June, 2023
Bench: Samir J. Dave
R/SCR.A/7100/2023 ORDER DATED: 19/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7100 of 2023
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SHANKARLAL HARILAL TAILI
Versus
STATE OF GUJARAT
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Appearance:
MS JEMINI S PATEL(10140) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 19/06/2023
ORAL ORDER
[1] Rule. Learned APP waives service of notice of rule for and
on behalf of respondent - State.
[2] By way of this petition, the petitioner has prayed to quash
and set aside the order dated 28.07.2022 passed by the learned Magistrate
and order dated 10.03.2023 passed by the learned Sessions Court, Surat in
Criminal Revision Application No.245 of 2022 and also prayed to release
the muddamal i.e. 144 gas cylinders, which were seized in connection
with the FIR being C.R.No.11214020221410 registered with Kamrej
Police Station, Dist. Surat for the offence punishable under Section 285
and 114 of the IPC and under sections 3 and 7 of the Essential
Commodities Act, on suitable terms and conditions.
[3] Learned advocate for the petitioner submitted that the
muddamal has been detained in connection with the alleged offence
mentioned in the FIR and that if the interim custody of the muddamal is
not given, serious prejudice would be caused to the petitioner as its
R/SCR.A/7100/2023 ORDER DATED: 19/06/2023
condition will get detriorated day by day and it is lying in the open
ground near police station. He further submits that the petitioner is doing
his business and he is not at all involved in such illegal activities and the
petitioner has no criminal antecedents. It is submitted that the sections
mentioned in the FIR is not applicable to the present case and considering
that aspect, the accused persons are released on bail.
[4] The attention of the Court was invited to the judgment of the
Apex Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat,
AIR 2003 SC 638.
[5] Considering the factual aspects of the case and the principle
rendered in Sunderbhai Ambalal Desai's case (supra), this Court is of the
considered opinion that the custody of the muddamal i.e. 144 gas
cylinders, if granted in favour of the petitioner on stringent terms and
conditions, no prejudice is likely to be caused to the prosecution.
[6] It is appears that in the present petition petitioner has prayed
to quash and set aside the order dated 28.07.2022 passed by the learned
Magistrate and order dated 10.03.2023 passed by the learned Sessions
Court, Surat in Criminal Revision Application No.245 of 2022 and also
prayed to release the muddamal i.e. 144 gas cylinders, which were seized
in connection with the impugned FIR. It appears that the learned Trial
Court vide order dated 10.03.2023 already released the muddamal vehicle
and quashed the order dated 28.07.2022 passed by the learned JMFC
Court, Surat, although the petitioner approached this Court for quashing
and setting aside both the orders passed by the learned trial Court as well
as learned JMFC Court.
R/SCR.A/7100/2023 ORDER DATED: 19/06/2023
[7] In the result, the petition is allowed. It is clarified that order
dated 10.03.2023 passed by the learned Trial Court is modify only to the
extent that the authority concerned is directed to release the muddamal of
the petitioner i.e. 144 gas cylinders, on the usual terms and and conditions
and on condition that the petitioner;
(i) shall furnish, by way of security, bond as stated in the seizure
memo;
[8] The rest of the order dated 10.03.2023 shall remain
unaltered. It will be open for the applicant to approach this Court in case
of difficulty. Rule is made absolute to the aforesaid extent. Direct service
is permitted.
(SAMIR J. DAVE,J)
MEHUL B. TUVAR
