Gujarat High Court
Precision Bearing Pvt. Ltd. Thru ... vs State Of Gujarat on 19 December, 2023
NEUTRAL CITATION
R/SCR.A/11180/2018 ORDER DATED: 19/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11180 of 2018
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PRECISION BEARING PVT. LTD. THRU HEMENDRA PUSHKKARRAY
TALSANIA
Versus
STATE OF GUJARAT
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Appearance:
MR PRABHAKAR UPADYAY(1060) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR DHAVAN JAISWAL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 19/12/2023
ORAL ORDER
Rule. Learned APP waives notice of rule for and on behalf of the respondents.
2. The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India so also inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to release the muddamal cash of Rs.10,73,851.61 Paise.
3. The short facts of the case are that an FIR being I-CR No.63 of 2013 came to be registered before the Changodar Police Station for the offences punishable under Sections 406 and 420 of the Indian Penal Code and under Sections 65-A and 66 of the Information Technology Act alleging inter alia that respondent no.2 had committed fraud with the petitioner - company by Page 1 of 4 Downloaded on : Tue Dec 19 20:51:36 IST 2023 NEUTRAL CITATION R/SCR.A/11180/2018 ORDER DATED: 19/12/2023 undefined creating a fake e-mail ID like of the petitioner company and thereby got to transfer the money in that account instead of transferring the same in the account of the petitioner-company and thereby cheating was committed. After registration of the FIR, investigation was conducted, charge-sheet came to be filed and case was committed for trail.
4. Application for custody of the muddamal cash was made before the learned Court below which came to be rejected by the learned Court below. Against which, Revision was filed and learned revisional Court after hearing both the sides has also rejected the said revision application. Thus, the present petition is filed seeking custody of the muddamal cash.
5. Learned Advocate for the petitioner would submit that both the Courts below have passed the order which is illegal, unjust, unfair and contrary to the law and evidence on record. He has further submitted that the learned Courts below did not take into consideration the provisions of release of muddamal in true and proper spirit and therefore considering the such position of law, the relief as prayed for ought to have been granted. Learned Advocate for the petitioner has urged that this Court has wide powers, while exercising such powers under Article 226 of the Constitution. It can also take into account the ratio laid down in the case of 'SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT', AIR 2003 SC 638.
6. Learned APP for the respondent has objected the submissions made by learned advocate for the petitioner in view of the provisions of confiscation of the muddamal, however, did Page 2 of 4 Downloaded on : Tue Dec 19 20:51:36 IST 2023 NEUTRAL CITATION R/SCR.A/11180/2018 ORDER DATED: 19/12/2023 undefined not dispute that powers of this Court under Article 226 of the Constitution to order release of the vehicle can be exercised at any time, whenever the Court deems it appropriate.
7. It would be worthwhile to refer profitably at this stage to the observations made by the Apex Court in 'SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT' (Supra), which read as under:
"15. Learned senior counsel Mr. Dholakia, appearing for the State of Gujarat further submitted that at present in the police station premises, number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions should be given to the Magistrates who are dealing with such questions to hand over such vehicles to its owner or to the person from whom the said vehicles are seized by taking appropriate bond and the guarantee for the return of the said vehicles if required by the Court at any point of time.
16. However, the learned counsel appearing for the petitioners submitted that this question of handing over vehicles to the person from whom it is seized or to its true owner is always a matter of litigation and a lot of arguments are advanced by the concerned persons.
17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles."
8. Resultantly, this petition is allowed. The impugned orders passed by the learned Courts below are quashed and set aside. The learned Trial Court / authority concerned is directed to Page 3 of 4 Downloaded on : Tue Dec 19 20:51:36 IST 2023 NEUTRAL CITATION R/SCR.A/11180/2018 ORDER DATED: 19/12/2023 undefined release the muddamal cash of Rs.10,73,851.61 on the terms and conditions that the petitioner:
(i) shall furnish a Bank Guarantee of the equivalent to the muddamal cash of Rs.10,73,851.61 as submitted by learned Advocate for the petitioner which shall continue in force till the trial is over;
9. Rule is made absolute, accordingly. Direct service is permitted.
(SANDEEP N. BHATT,J) sompura Page 4 of 4 Downloaded on : Tue Dec 19 20:51:36 IST 2023