SAROJBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the applicant calls in question the legality and validity of the orders passed by the learned 8th Additional Judicial Magistrate, Vadodara and learned 5th Additional District & Sessions Judge, Vadodara vide its order dated 23.09.2019 in Criminal Revision Application No.144 of 2019, whereby the claim of muddamal currency notes and share certificate have been rejected.

(2.) The currency notes (Rs.1,51,810/-) and share certificate were seized in connection with FIR being C.R.No. III-43 of 2019 registered with Gotri Police Station, Dist.-Vadodara City for the offence under Section 65(a)(e), 81, 83, 116(B), 98(2) of the Gujarat Prohibition Act.

(3.) Undisputably based upon the raid conducted by the police at the house of Piyus @ Lakhan Manojbhai Bhavsar, and after his arrest, the name of the present applicant Sarojben has been surfaced in the alleged crime and accordingly the police had raided her house and seized the amount of Rs.1,51,810/- and share certificate as per the panchnama prepared at the place. The applicant Sarojben applied for return of the currency note and share certificate. The Courts below dismissed the claim observing that the applicant failed to prove the ownership of the muddamal.