SANJAYKUMAR ARVINDKUMAR GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application is filed praying for quashing and setting aside the order dated 28.1.2011 passed by learned Additional Sessions Judge, Fast Track Court, Bharuch camp at Ankleshwar in Criminal Revision Application No.159 of 2010 as well as order dated 25.10.2010 passed by learned JMFC, Ankleshwar in Miscellaneous Criminal Application under Section 451 of Criminal Procedure code in C.R.No.III 841/2010 registered at Ankleshwar Police Station and further be pleased to release the muddammal with a condition of executing personal bond instead of bank guarantee.

(2.) THE facts leading to filing of this application are such that one FIR being Prohibition C.R.No.III 841/2010 was registered on 13.8.2010 with Ankleshwar City Police Station against the petitioner for the offence punishable under Section 70(A) of the Prohibition Act. In pursuance to the said FIR, the police sealed the godown of the petitioner wherein 2860 kgs. of jaggery was lying. Thus, the petitioner filed Miscellaneous Criminal Application before learned JMFC, Ankleshwar under Section 451 of Indian Penal Code in C.R.No. III 841/2010 for release of muddammal of 2860 kgs. of jaggery lying in the godown sealed by the police. Learned JMFC passed order dated 25.10.2010 to release the muddammal but imposed condition of producing bank guarantee of Rs.71,500/- before the Court. Being aggrieved by the said order, the petitioner filed Criminal Revision Application No.159 of 2010 before the learned Additional Sessions Judge, Bharuch camp at Ankleshwar. However, the learned Additional Sessions Judge, Fast Track Court, Bharuch rejected the revision application and confirmed the order passed by learned JMFC. Hence, this petition.

(3.) IN view of the above, this petition is partly allowed. The order dated 28.1.2011 passed by learned Additional Sessions Judge, Fast Track Court, Bharuch in Criminal Revision Application No.159 of 2010 is hereby set aside. The order dated 25.10.2010 passed by learned JMFC is modified to the extent that the muddammal as described in the order be handed over to the petitioner on furnishing personal bond of Rs.71,500/- (Rupees seventy one thousand five hundred only) and surety of like amount instead of bank guarantee. The rest of the order remains unaltered.