RAHUL SUBHASHBHAI SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Pravin Gondaliya for the applicant and learned Additional Public Prosecutor Ms. Chetna M. Shah for the respondent State through video conference.

(2.) By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for release of two mobile phones (Lenovo and Vivo brand) and cash of Rs.38,000/ ? which is seized by the Investigating Officer in connection with C.R. No. II ?24 of 2019 registered before DCB Police Station, District: Vadodara.

(3.) Vide order dated 26.07.2019 passed by the 5th Additional District & Sessions Judge, Vadodara in Criminal Revision Application No. 104 of 2019 and the order dated 12.06.2019 passed by the Chief Judicial Magistrate, Vadodara in Criminal Misc. Application No. 1536 of 2019, the Courts below refused to return Muddamal being two mobile phones (Lenovo and Vivo brand) and cash of Rs.38,000/ ? confiscated in connection with offences under sections 4 and 5 of the Prevention of Public Gambling Act, 1977 being C.R. No. II ?24 of 2019 by the DCB Police Station, District: Vadodara.