SUDIP BALKRISHNA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned State Counsel Mr. L.B. Dabhi waives service of Rule on behalf of respondent State. By consent, rule is fixed forthwith.

(2.) In the present application, challenge is to the order dtd. 25/7/2017 and 27/2/2018, passed by the courts below, by which, the application for release and/or delivery of the cash currency notes of Rs.1,00,000.00 claimed by the applicant accused after conclusion of the trial, had been rejected, on the ground that the applicant is not entitled to possession thereof as he failed to furnish evidence for the entitlement of the cash amount.

(3.) Facts and circumstances giving rise to file present application are that, the Criminal Case No. 12169 of 2008 disposed of on 17/1/2017 and the applicant being an accused no. 2 and co-accused have been acquitted by the trial Court. During the investigation, Rs.1,00,000.00 recovered from the present applicant herein and it was seized as muddamal and brought before the Court. At the time of passing the acquittal order, the trial Court did not have passed any order with regard to muddamal. The applicant herein, preferred an application Exh. 48 claiming the currency notes, as provided under Sec. 452 of the Cr.P.C. The trial Court, after hearing, rejected the application and same was challenged by way of filing an Appeal before the learned Additional Sessions Judge, Mehsana, who had confirmed the order of the trial Court.