Gujarat High Court
Rahul Ashvinbhai Kotecha vs State Of Gujarat on 21 April, 2025
NEUTRAL CITATION
R/SCR.A/16664/2024 ORDER DATED: 21/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 16664 of 2024
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RAHUL ASHVINBHAI KOTECHA
Versus
STATE OF GUJARAT
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Appearance:
MR.PINANK J RAIYANI(10166) for the Applicant(s) No. 1
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 21/04/2025
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 offences mentioned therein.
3. Heard learned advocate Mr. Pinank Raiyani for the
petitioner and Mr. Chintan Dave, learned APP for the
respondent - State.
4. Mr. Pinank Raiyani, learned advocate for the petitioner
NEUTRAL CITATION
R/SCR.A/16664/2024 ORDER DATED: 21/04/2025
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would submit that during the investigation, the cash amount
Rs.1,86,000/- 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 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 authority
NEUTRAL CITATION
R/SCR.A/16664/2024 ORDER DATED: 21/04/2025
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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.
(DIVYESH A. JOSHI,J)
A. B. VAGHELA
