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1. Rule. Learned APP waives service of notice of rule on behalf of respondent State. With the consent of learned advocates on both the sides, the matter is heard today finally.

2. This petition has been preferred under Articles 226 and 227 of the Constitution of India essentially seeking relief to release the muddamal cash of Rs.12,23,700/-, which was seized pursuant to the raid carried out at the house of the petitioner and also prays to quash and set aside the order dated 20.05.2021 passed by 2nd Additional Sessions Judge, Talaja in Criminal Revision Application No.7 of 2021, confirming the order dated 20.03.2021 passed by Additional Judicial Magistrate, First Class, Talaja in Muddamal Application, rejecting the application of the petitioner for interim custody of the said cash.

R/SCR.A/5159/2021 ORDER DATED: 03/08/2021

3. Ms. Bhakti M.Joshi, learned advocate for the petitioner submitted that the a raid was carried out at the house of the petitioner and muddamal cash worth Rs.12,23,700/- was seized. The name of the applicant has not been mentioned in the prohibition offence being FIR No.11198053200825 of 2020, registered with Talaja Police Station under Sections 65(a), 65(e), 116B, 98(2) and 81 of the Prohibition Act. Ms. Joshi stated the the co- accused had named the petitioner and therefore on search of the house of the petitioner by the official of Talaja Police Station, the cash, which was lying in the house of the petitioner was seized by the police. It is stated that no muddamal of contraband liquor has been recovered from the house of the petitioner. The officials of the Talaja Police Station had illegally seized the muddamal cash and if the said muddamal cash will not be returned back to the petitioner, he has to suffer a great hardship.

R/SCR.A/5159/2021 ORDER DATED: 03/08/2021 3.2 Ms. Joshi, learned advocate, further submitted that, the petitioner is engaged with selling of milk and doing labour job. She submits that the amount was seized at the time of search of the house of the petitioner and not at the time of alleged offence. It was, accordingly, urged that this Court may direct release of the muddamal cash in exercise of the extra-ordinary jurisdiction under Article 226 of the Constitution of India.

5. Ms. Monali Bhatt, learned APP for the respondent State submits that, the petitioner has not produced any authentic documents regarding the money R/SCR.A/5159/2021 ORDER DATED: 03/08/2021 recovered from the house of the applicant. It was, however, urged that the powers of this Court under Article 226 of the Constitution to order release of the muddamal cash can be exercised at any time whenever the Court deems it appropriate, still however it was urged that the present petition may not be entertained.