CHAUDHARY AMRATBHAI VELJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has preferred this application for quashing and setting aside the order dtd. 13/8/2021 passed in Criminal Misc. Application No.847 of 2021 by the learned 6th Additional Sessions Judge, Mahesana and thereby release of muddamal ghee filled in the tanker seized by the Investigating Officer.

(2.) Learned advocate for the applicant submitted that on registration of the FIR being C.R. No.11206015201457 of 2020 (FIR No.48/2020) registered with Mahesana City B- Division Police Station, District Mahesana for the offences under Sec. 406 , 409 , 120B , 272 , 273 , 201 of Indian Penal Code alongwith Sec. 13(1)(a) , 13(2) of Prevention of Corruption Act against the present applicant. The vehicle of the applicant filled with ghee has been seized as muddamal in connection with the aforesaid offence.

(3.) Learned advocate for the applicant submitted that for the release of the ghee filled in with tanker in question, the applicant had approached the concerned Sessions Court, however, the said application came to be rejected by an order dtd. 13/8/2021 and, therefore, the present application is filed for release of the ghee in question. He further, under the instructions, submitted that since the loss has occurred to the dairy i.e. respondent no.2 for the aforesaid ghee, the respondent no.2 had demanded the amount of the ghee i.e. Rs.81,81,082.00 and applicant accepted the said liability and produced the debit note of the said amount to the respondent no.2 on 20/7/2020. At present the contract of the applicant with respondent no.2 is over and he has paid nearly Rs.25.00 lacks to the respondent no.2 and therefore, there is no dispute of the applicant with respondent no.2 on any issue and respondent no.2 will not have any objection to this application. He, therefore, urged that this petition may be allowed on suitable conditions.