Gujarat High Court
Devang Sunderlal Jayswal vs State Of Gujarat on 23 August, 2017
Author: A.J.Desai
Bench: A.J.Desai
R/SCR.A/4537/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (POSSESSION OF
MUDDAMAL) NO. 4537 of 2017
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DEVANG SUNDERLAL JAYSWAL....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR MAULIN G PANDYA, ADVOCATE for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 23/08/2017
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent No.1 State. With the consent of parties, the matter is taken up for final disposal today itself.
2. By way of the present petition, learned advocate appearing for the petitioner would submit that on receiving secret information, the police intercepted the Skoda car bearing registration No. GJ-6 DQ-0048 and foreign liquor worth of Rs. 5,95,000/- was found and therefore, the prohibition case being Prohibition C.R.No. 2 of 2017 was registered before the Vaso Police Station and during the course of investigation, the police seized the Audi Car bearing No. GJ-6 JQ-5975 as a Muddamal under section 102 of the Cr.P.C. The learned advocate would further submit that the said car was piloting the skoda car.
3. Learned advocate appearing for the petitioner would further submit that the petitioner approached before the 7th Page 1 of 3 HC-NIC Page 1 of 3 Created On Fri Aug 25 01:03:02 IST 2017 R/SCR.A/4537/2017 ORDER Additional Judicial Magistrate, First Class, Nadiad for releasing the Audi car which was seized as Muddamal. The 7th Additional Judicial Magistrate, First Class, Nadiad was pleased to reject the application on 28.03.2017. The said order was challenged by the petitioner by way of Revision Application No. 47 of 2017 before the Sessions Court, Nadiad. The said revision application was allowed by the Principal Sessions Judge, Nadiad on 10.05.2017 on certain terms and conditions including the condition that the petitioner shall provide bank guarantee of Rs.40 Lakhs before the learned Judicial Magistrate, First Class Nadiad and on providing the said bank guarantee, the Audi Car shall be released.
4. Learned advocate appearing for the petitioner would further submit that the said order dated 10.05.2017 passed in Revision Application No. 47 of 2017 by way of preferring the present petition stating that the value of the said car is not more than 29 lacs and has been purchased on higher purchase loan to the ICICI bank and the petitioner is paying regular installment of Rs.68,830/- per month and the petitioner is a registered owner and having valid license.
5. Learned Additional Public Prosecutor has opposed this application and submitted that the learned Principal Session Judge, Nadiad has rightly imposed conditions while passing the impugned order and hence, no interference is called for by this Court.
6. I have heard learned advocates appearing for the respective parties and perused the orders passed by the learned trial Court and also the learned Principal Session Judge, Nadiad Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri Aug 25 01:03:02 IST 2017 R/SCR.A/4537/2017 ORDER as well as perused the decisions of the Division Bench of this Court referred above. Considering the overall facts and circumstances of the case as well as the decisions of this Court referred above, I am of the opinion that the application requires consideration and hence, the same is partly allowed. The condition No.1 i.e. to provide bank guarantee of Rs.40 Lakhs before the trial Court imposed by order dated 10.05.2017 passed by learned Principal Session Judge, Nadiad in Criminal Revision Application No.47 of 2017 is hereby altered to the extent that the petitioner shall furnish bond of Rs. 40 Lakhs before the concerned Trial Court, Nadiad. Rest of the conditions imposed by the learned Principal Session Judge, Nadiad in Criminal Revision Application No.47 of 2017 dated 10.05.2017 will remain same.
7. If any of the above conditions is breached by the petitioner, the learned Judge is free to take suitable action in this regard.
8. Rule is made absolute to the above extent. Direct service is permitted.
(A.J.DESAI, J.) *Kazi...
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