ORDER :

1. Rule. Learned APP waives service of notice of rule for and on behalf of respondent- State.

2. This petition has been preferred under Articles 226 and 227 of the Constitution of India essentially seeking relief to release the muddamal Gold Ornaments which was seized in pursuant to the FIR bearing C.R. No. 11216011220065 of 2022 for the offence punishable under Section 406, 420 and 170 of IPC and also prays to quash and set aside the order dated 13.04.2022 passed by learned 4th Additional J.M.F.C. Gandhinagar rejecting the application of the petitioner for interim custody of the said muddamal.

3. Heard learned advocate for the petitioner and learned APP for the respondent-State.

4. Learned advocate for the petitioner submits that the complainant has filed the aforesaid complaint. Thereafter, petitioner approached the learned Courts below for release of the aforesaid muddamal which came to be rejected, therefore this petition.

5. The attention of the Court was invited to the judgment of the Apex Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, AIR 2003 SC 638, wherein the Apex Court in regard to the valuable articles and currency notes, held that no useful pur