GHANSHYAMBHAI DADUBHAI KHACHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Mr.Aamir S.Pathan appearing for learned advocate Mr.Ashish M.Dagli for the applicant and learned APP Mr.Manan Mehta for the respondent No.1 State.

(2.) The applicant has challenged the order dated 24.5.2016 in Criminal Misc.Application No.788 of 2016, whereby though Addl.Sessions Judge of Rajkot has allowed the application for getting the muddamal articles being cash amount of Rs.3,11,360/- and thereby, though currency notes of such amount is to be returned to the present applicant, the Sessions Court has imposed several conditions. Some of such conditions are to the effect that applicant shall invest such amount in nationalised bank in fixed deposit till disposal of such trial though he is permitted to withdraw the interest of such deposit.

(3.) However, the perusal of record makes it clear that the offence is u/ss.143, 147, 148, 149, 302, 324, 447 and 34 of the IPC, so also u/s.25(1)BA of the Arms Act and u/s.125 of the Gujarat Police Act. The FIR was registered with Rajkot Rural Police Station on 25.3.2015 being C.R.No.I-36 of 2015 alleging that the present applicant and some other persons for committing the offence as referred herein above. However, there is no allegation in any manner whatsoever that the amount which is seized by the investigating agency is in any way or in any manner used for commission of any such offence. It is undisputed fact that such amount has been recovered from the applicant accused when he was arrested. It is not the case of the investigating agency, that for committing any such crime, such amount is to be paid to any of the accused by any third person, therefore, in any case, the amount, which is recovered from the accused being possessed by him at the time of his arrest, can in no way be considered a muddamal article so as to prove the commission of offence. Therefore, practically, it should not have been recovered from him at all.