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2021 Supreme(Guj) 748

GITA GOPI
RAJUBHAI CHHOTALAL PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : JAYDEEP H SINDHI
For The Respondent: MR PRANAV TRIVEDI APP.

ORDER :

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 to the tune of Rs.4,50,000/-, which was seized pursuant to the non-cognizable offence entry dated 20.07.2020, bearing N.C. Case No.64 of 2020 registered with Khokhra Police Station, Ahmedabad City under Section 102 of Code of Criminal procedure, 1973.

3. Referring to the report of the police sub-inspector, Khokhra Police Station, Ahmedabad City, addressed to Additional Chief Metropolitan Magistrate, Court No.13 Gheekanta, Ahmedabad City dated 01.10.2020, Mr. Jaydeep H.Sindhi, learned advocate for the petitioner submits that, the police has no objection if the said amount of Rs.4,50,000/- seized under the provision of Section 102 Cr.P.C., be handed over to the present petitioner.

3.1. Mr. Sindhi, submits that the petitioner was carrying the money, which was from his own savings and borrowed from the relatives, and he had gone for purchasing the gold. Mr. Sindh

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