SHANKARLAL HARILAL TAILI Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) By way of this petition, the petitioner has prayed to quash and set aside the order dtd. 28/7/2022 passed by the learned Magistrate and order dtd. 10/3/2023 passed by the learned Sessions Court, Surat in Criminal Revision Application No.245 of 2022 and also prayed to release the muddamal i.e. 144 gas cylinders, which were seized in connection with the FIR being C.R.No.11214020221410 registered with Kamrej Police Station, Dist. Surat for the offence punishable under Sec. 285 and 114 of the IPC and under Sec. 3 and 7 of the Essential Commodities Act, on suitable terms and conditions.

(3.) Learned advocate for the petitioner submitted that the muddamal has been detained in connection with the alleged offence mentioned in the FIR and that if the interim custody of the muddamal is not given, serious prejudice would be caused to the petitioner as its condition will get detriorated day by day and it is lying in the open ground near police station. He further submits that the petitioner is doing his business and he is not at all involved in such illegal activities and the petitioner has no criminal antecedents. It is submitted that the Sec. mentioned in the FIR is not applicable to the present case and considering that aspect, the accused persons are released on bail.