HARESHBHAI GOVINDLAL MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of learned advocates on both the sides, the matter is heard today finally.

(2.) This petition has been preferred under Articles 226 and 227 of the Constitution of India for quashing and and setting aside the order dtd. 03/10/2020 passed by learned Sessions Judge, Patan as well as order dtd. 08/07/2020 passed by learned Additional Chief Judicial Magistrate, Patan and further relief to grant custody of his gold and silver ornaments, which was seized in connection with the FIR No.11217019200077 of 2020 registered with "A" Division Police Station, Patan for the offence punishable under Sec. 457 , 380 and 114 of the Indian Penal Code, on suitable terms and conditions.

(3.) It has been stated that on 13/02/2020 from about 20:30 hours at night to 14/02/2020 at about 5:00 hours in the early morning, some unknown persons entered the house of the complainant and opened the Tijori with a key lying besides the said Tijori and stole the gold and silver ornaments worth Rs.4,36,400.00 and cash amount of Rs.12,000.00 lying in the purse. List of gold and silver ornaments was given to the police who succeeded in recovering the same and thereafter on 19/03/2020, Sec. 411 of the Indian Penal Code was prayed to be added to the FIR. In connection to the complaint, the police had inquired and arrested the accused who admitted of the crime and had stated of having sold the same gold and silver ornaments at one Radheshree Jwellers situated at Mahsana Choksi Bajar. Thereafter the police inquired about the ornaments and co-accused Bhavikkumar Bachubehai Soni had admitted of having melted said ornaments worth Rs.2,68,935.00.