VIJAY ALIAS BHOLA SAYANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has prayed for a direction to quash the impugned order dated 3rd January 2007 passed by the learned Additional Sessions Judge, Jamnagar in Criminal Revision Application No. 117 of 2006 and order dated 20th January 2006 passed by the learned Judicial Magistrate, First Class, Lalpur, below Exh. 1 in Criminal Case No. 6 of 2005, thereby directing that the amount of Rs. 1. 5 lacs confiscated by the police from the petitioner be returned to him on giving appropriate security in the interest of justice.

(2.) A complaint being C. R. No. 36 of 2004 came to be requested before the Lalpur Police Station, Jamnagar alleging that the accused driver had not delivered the plastic granules sent from Reliance Company in Jamnagar at the desired destination and had disposed of the goods illegally by committing offences under sections 407 and 114 of IPC. The petitioner herein is accused no. 4 in the said complaint. The case of the prosecution is that after illegally selling the goods an amount of Rs. 1. 5 lacs was given by the main accused to the petitioner for defending the case against the said accused in the Court of law, if and when the need arises and for payment to be made to the advocates.

(3.) THE petitioner was arrested and panchnama recording that the had voluntarily surrendered the amount of Rs. 1. 5 lacs given by the accused. The said amount was deposited by the petitioner with the police.