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SANJAY KAROL, PRASHANT KUMAR MISHRA
Rajput Vijaysinh Natwarsinh – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT
SANJAY KAROL J,
Leave granted
2. The appellant-accused has challenged a judgment passed by the learned Single Judge of the High Court of Gujarat at Ahmedabad in R/Special Criminal Application (Quashing) No. 1955 of 2024, dated 4th December 2024 whereby release of case property (cash) [Hereinafter ‘muddamal’] in connection with First Information Report being CR No. 11206078220159 of 2022 was allowed by the Court. The said application before the High Court was preferred against orders dated 1st August 2023 and 30th December 2023 passed by the Additional Chief Judicial Magistrate of Unjha, in Criminal Case No. 366 of 2022 and by the Additional Sessions Judge, Mahesana Visnagar, respectively.
3. The facts, leading up to the impugned judgment, as can be understood from the judgments of the Courts below are that one Chiragkumar Dilipbhai Natwarlal Modi, lodged a complaint before the PS Unava, District Mahesana on 9th April 2022 alleging that the appellant-accused ran a proprietary firm by the name of Jay Gopal Trading Company and had conducted business with the complainant worth Rs. 44,53,714/- in castor seeds on different dates and various cheques given in respect of this amount we
Case property cannot be released when there is possibility of rival claims.
Seized property must be returned to the rightful owner unless justified otherwise, ensuring no deprivation without legal authority, as per Article 300A of the Constitution.
Provisions under Section 457 of Code property which has been seized by police under provision of Code and has not been produced before criminal Court during an inquiry or trial, Magistrate may make s....
Confiscation of Vehicle – Release of - With regard to valuable articles, such as golden or sliver ornaments or articles studded with precious stones, it is submitted that it is of no use to keep such....
Court or the police would not be required to keep the article in safe custody and if the proper panchnama before handing over possession of article is prepared, that can be used in evidence instead o....
Seized cash can be released pending trial, as no provision in the NDPS Act bars interim custody; courts must evaluate based on necessity and property owner rights.
Property seized in relation to a crime must be released to lawful owners unless substantiated otherwise.
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