KIRANKUMAR TIRUPATIRAO KONDAVADASA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Virat G.Popat, learned advocate for the applicant submits that the applicant is a victim, who had claimed the Mudammal currency notes and whose application came to be allowed by order of the Chief Judicial Magistrate, Ahmedabad (Rural), Mirzapur on 29/9/2022, which was in connection with Criminal Misc. Application No.1298 of 2022 below Exhibits-1, 7, 13 and 17 in Criminal Case No.12523 of 2022.

(2.) Advocate Mr. Popat for the applicant submitted that the learned Chief Judicial Magistrate, Ahmadabad (Rural), Mirzapur had granted the Mudammal cash of Rs.40,10,000.00 on executing a bond along with surety of one and half time more than the amount shown in the panchnama and receipt of Mudammal to be executed before the concerned Police Station. Aggrieved by the said order, two accused, father of the accused and a friend of the accused, had challenged the same before the Sessions Judge, Ahmedabad (Rural), Mirzapur by filing Criminal Revision Application Nos.138 of 2022, 148 of 2022 and 149 of 2022.

(3.) Advocate Mr. Popat submitted that the learned Sessions Judge by a common order on 21/4/2023 rejected the applications observing that, to the peculiar facts and circumstances of the case, it cannot be decide as to who is the original owner of the cash property. Mr. Popat further submitted that the claim of the accused had been rejected by the Additional Sessions Judge by overturning the order of the Chief Judicial Magistrate who passed an order to deposit the amount in the Fixed Deposit with an intention that the amount would gather interest at the prevalent rate.