Gujarat High Court
Pratik Kantibhai Hirani vs State Of Gujarat on 18 November, 2025
NEUTRAL CITATION
R/SCR.A/13329/2025 ORDER DATED: 18/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 13329 of 2025
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PRATIK KANTIBHAI HIRANI
Versus
STATE OF GUJARAT
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Appearance:
MR. SUNIL H. CHAUDHARY(18292) for the Applicant(s) No. 1
RAFIK LOKHANDWALA(5590) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 18/11/2025
ORAL ORDER
Rule. Learned APP waives notice of rule for and on behalf
of the respondent.
1. The present petition is filed by the petitioner praying for
the following reliefs:
"(A) Your Lordships may be pleased to admit and
allow this petition, in the interest of justice.
(B) Your Lordships may be pleased to quash and set
aside the judgment and order dated 20.08.2025
passed by the learned 3rd Additional Sessions Judge,
Gandhinagar in Criminal Revision Application No.
104/2025, upholding the order dated 06.05.2025
passed by the learned 2nd Additional JMFC,
Gandhinagar in Criminal Misc. Application No.
1099/2025, in the interest of justice.
(C) Your Lordships may be pleased to direct release of
the muddamal currency notes amounting to Rs.
5,00,000/- in favour of the petitioner, which were
seized during investigation in relation to FIR No.
NEUTRAL CITATION
R/SCR.A/13329/2025 ORDER DATED: 18/11/2025
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11216011250102 of 2025 dated 13.03.2025
registered with InfoCity Police Station, District
Gandhinagar, in the interest of justice.
(D) Pending admission, hearing, and final disposal of
this petition, Your Lordships may be pleased to grant
interim custody of the aforesaid muddamal currency
notes to the petitioner, subject to such terms and
conditions as this Hon'ble Court may deem fit, in the
interest of justice.
(E) Your Lordships may be pleased to grant such other
and further reliefs as may be deemed fit, just, and
proper, in the interest of justice."
2. Learned Advocate for the petitioner submitted that the
petitioner is arraigned as an accused in the FIR in question for
an offence punishable under the provisions of the NDPS Act.
Along with the contraband substance, the cash worth Rs.5 lakhs
had also been recovered from the possession of the petitioner.
The cash belongs to the present petitioner and it is not the case
of prosecution that the said cash had been derived by the
petitioner through any illegal means nor it is the case of the
prosecution that the said cash was intended to be used for
commission of any illegal activity. He therefore submitted that
the present petition be allowed and the custody of the cash
worth Rs.5 lakhs be handed over to the petitioner.
3. Learned APP has opposed the present petitioner
contending that the offence punishable under the provisions of
the NDPS Act came to be registered against the present
petitioner wherein the present petitioner was found in conscious
possession of contraband substance of Ganja and was also
found in possession of a pocket weight scale which was used for
NEUTRAL CITATION
R/SCR.A/13329/2025 ORDER DATED: 18/11/2025
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commission of the offence in question. The fact that the present
petitioner was found in possession of the pocket weight scale
indicates that the petitioner was involved in the activity of retail
sell of contraband substance of Ganja. He further submitted that
the there is a reason to believe that the cash in question was
earned by the present petitioner by taking recourse to illegal
means. He, therefore, submitted to dismiss the present
application.
4. Heard learned Advocates for the parties. As per the case of
the prosecution that cash worth Rs.5 lakhs had been recovered
from the possession of the present petitioner during the search
carried out at the house of the petitioner. There is nothing on
record to indicate that the said cash had been earned by the
petitioner by involving himself into some illegal means.
5. Having regard to these aspects, the present petition
deserves consideration. The cash worth Rs.5 lakhs is ordered to
be handed over to the petitioner subject to the petitioner
executing a personal bond of the amount of 1.5 times the
amount of cash in question.
Rule is made absolute, accordingly. Direct service is
permitted.
(M. R. MENGDEY,J)
AHS
