ORDER :

1. 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.26,660/-, which was seized pursuant to the physical search of the petitioner and also prays to quash and set aside the order dated 03.12.2018 passed by 5th Additional Sessions Judge, Surat in Criminal Revision Application No.276/2018 confirming the order dated 28.08.2018 passed by 19th Additional Judicial Magistrate, First Class, Surat in Muddamal Application No.138 of 2018, rejecting the application of the petitioner for interim custody of the said cash.

3. It is stated that the petitioner was arrested by the Katargaam Police Station in connection with C.R. No.III-353/2018 under section 65(a)(e), 81, 98, 99, 116(c) of the Prohibition Act, dated 27.07.2018, and at that time the police searched and seized Rs.26,660/- from the possession of the petitioner. After release on bail, the petitioner approached the Court of Judicial Magistrate, Surat for releasing of the cash amount of Rs.26,660/-, which was dismissed by the learned Judicial