KESHUBHAI GANGABHAI VADHER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule for and on behalf of respondent - State.

(2.) This petition has been preferred under Articles 226 and 227 of the Constitution of India essentially seeking relief to release the muddamal cash which was seized in pursuant to the FIR bearing C.R.No. 11203055210271 of 2021 registered with Shil Police Station, Junagadh for the offences mentioned in the FIR and also prays to quash and set aside the order dtd. 8/2/2022 passed by the learned 2nd Addl. District & Sessions Judge, Keshod in Revision Application No. 5 of 2012 and order dtd. 1/1/2022 passed by learned JMFC, Mangrole below application u/s. 451 of Code, rejecting the application of the petitioner for interim custody of the said muddamal.

(3.) Learned advocate for the petitioner would submit that during the investigation, the cash amount Rs.3,05,000.00 being recovered and seized from the petitioner. He would further submit that the seized amount has nothing to do with the alleged offence as it is the personal savings of the applicant. He also invited the attention of the court to the judgment of the Apex Court in the case of Sundarbhai Ambalal Desai Vs. State of Gujarat, AIR 2003 SC 638, wherein, the Apex Court in regard to the valuable articles and currency notes, held that no useful purpose would be served to keep such articles in police custody for years till the trial is over and in such cases, court should pass appropriate orders.