handkerchief before the P.S.I.,
who, in turn, seized the said muddamal. In addition to it, the
respondent-accused produced one chit which ... also seized
as muddamal article No.2. Thereafter, the respondent-accused
was taken to the hospital at about 00:30 on 13.05.1987 where
thereby Sessions Court rejected the
application of the applicant for return of muddamal
which is a transport vehicle called Bolero FB bearing
Registration ... ownership aspect is
established which was the main premise for refusing
the muddamal custody by the Sessions Court, the order
of releasing muddamal vechile Bolero
order dated 25.2.2013 passed by
learned Judicial Magistrate First Class, Vadodara below Muddamal
Application No. 556 of 2013 be quashed and set aside and thereby ... learned Magistrate be directed to handover the interim custody of the
Muddamal vehicle to the petitioner.
2. Learned advocate Mr. Brijesh Limbachiya appearing for learned
directed the
Investigating Officer to handover 42 gunny bags i.e. the Muddamal,
which have been seized during the investigation of the FIR being ... committed an error by passing the impugned order
whereby the custody of Muddamal of 42 gunny bags has been handed
over to the respondent
lapse on the part of
the investigation including the removal of
the muddamal.
3. It is this judgment and order which has been
assailed ... submitted that the panchnama for the seizure
of the muddamal are also proved which is at
Exhs.72, 73 and 74. He also referred
hand thumb impression, it is given
Exh. 17.
2. I am shown muddamal knife and stick, it is the
Page ... 1000/2010 CAV JUDGMENT
same muddamal. Using these myself and Rama
Gobar were caused injuries. I identify them. For
further treatment I was admitted
edged weapon. Injury Nos. 1 and 2 could have
been caused with Muddamal Article 12 knife and other injuries also
could have been caused with ... Muddamal Article 12 knife. The said
witness issued the injury certificate which is produced at Exh.32.
5.2. During his crossexamination, the said witness
submitted that the Court
below has also referred to the aspect of muddamal
and while recording reasons for the acquittal has
also emphasized about ... movement of muddamal or
some discrepancy in the record. Learned APP Shri
Jani submitted that however the Court below has
failed to appreciate that
possession of 250 ml.gms of Charas
and the muddamal currency notes of Rs.100/-and thereby
the accused committed the offence punishable under
Sections ... sent to FSL for the purpose of analysis. Before seizure
of the muddamal, the panchnama of the same was
Page
Magistrate by the said order, directed to hand
over the custody of muddamal live stock being 28
buffalos and 05 small buffalos to respondent ... Learned Magistrate further directed to hand over
custody of muddamal vehicle being Tata 407 bearing
particular engine number and chasis number to
respondent
