AYUBKHAN HASAMKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONER has challenged an order dated 2.1.09 passed by the learned Judicial Magistrate, First Class, Vadodara below application of the petitioner dated 24.11.08 seeking release of muddamal articles namely, Rs.3,65,250/- by way of interim custody out of Rs.5,30,250/- seized by the Investigating Agency.

(2.) SINCE the learned Magistrate rejected the said application, the petitioner also preferred Revision Application, which also came to be dismissed by the order dated 9th October 2009 by the learned Additional Sessions Judge, Vadodara.

(3.) UPON perusal of the documents on record, it appears that the case of gambling was registered against the petitioner and other co-accused. During investigation, cash amount of Rs.3,65,250/- was seized from the petitioner. Learned Magistrate refused to release the amount on the ground that activities of gambling and speculation are widespread in the society and the same should not be encouraged. The learned Additional Sessions Judge found no reason to interfere since the trial was still not completed.