The court upheld that the petitioner failed to substantiate ownership of confiscated goods, emphasizing the necessity for adequate inquiry under applicable provisions of the Code of Criminal Procedure.

JUDGMENT :

1. The present petition is filed by the petitioner seeking for the following reliefs:

“(A) YOUR LORDSHIPS may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or directions quashing and setting aside the order dated 10.08.2021 passed by the learned 3rd Additional Sessions Judge, Valsad at Vapi, in Criminal Appeal No.06 of 2021 (At ANNEXURE-A hereto) as well as the order dated 12.02.2020 passed by the learned Judicial Magistrate, First Class, Umbergaon, in Muddamal Application No.241 of 2019 in Criminal Case No.92 of 2017. (Annexure-B hereto), and further be pleased to release the muddamal which is subject matter of said application;

B) During the pendency and final disposal of the present petition YOUR LORDSHIPS may be pleased to stay the operation, implementation and execution of the order dated 10.08.2021 passed by the learned 3rd Additional Sessions Judge, Valsad at Vapi, in Criminal Appeal No.06 of 2021 (At ANNEXURE-A hereto) as well as the order dated 12.02.2020 passed by the learned Judicial Magistrate, First Class, Umbergaon, in Muddamal Application No.241 of 2019 in Criminal Case No.92 of 2017. (Annexure-B hereto) and further be pleased to grant interim custody of muddamal to the petitioner;

C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case:”

2. Brief facts as per the case of the petitioner in this petition are as such that on 26.11.2016, the orig. accused no.1 & 2 were caught by the police with the alleged Muddamal of 15 gold biscuits of 1.5 kilogram, and allegedly, as the orig. accused no.1 & 2 were not able to satisfy the police about the possession of the said gold biscuits, the police seized the same under section 102 of the Code of Criminal Procedure and arrested the said orig. accused no.1 & 2, and thus, it is alleged that the orig. accused no.1 & 2, in connivance with each other, have committed the alleged offences. With the aforesaid and certain other allegations, the F.I.R. is filed. thereafter, the sheet charge came to be filed pursuant to the aforesaid F.I.R. and the same got culminated into the Criminal Case No.92 of 2017 and the said orig. accused no.1 & 2 came to be acquitted from the said alleged offences under section 124 of the G.P. Act vide order dated 04.08.2018 passed by the learned 3rd Additional Judicial Magistrate, First Class, Umbergaon. It is further the case of the petitioner in this petition that vide aforesaid acquittal judgment as the learned trial court has confiscated the alleged Muddamal 15 gold biscuits of 1.5 kilogram in favor of the Government, therefore, the petitioner had preferred an appeal before the Appellate Court being Criminal Appeal No.93 of 2018, which was partly allowed and the part of said order with respect to the confiscation of the alleged Muddamal gold was quashed and the learned trial court was directed to conduct the inquiry regarding the ownership of the same and the petitioner was asked to adduce the evidence regarding the same vide order dated 31.05.2019 passed by the learned Sessions Judge, Valsad.

It is further the case of the petitioner in this petition are as such that during the pendency of the proceeding of trial, the orig. accused persons had preferred the muddamal application below Exh.22 under Section 451 of the Code of Criminal Procedure for releasing the alleged Muddamal of 15 gold biscuits of 1.5 kilogram, which was also rejected vide order dated 15.09.2017 passed by the learned trial court. The petitioner craves leave to refer to and rely upon the same thereafter, the time of hearing, if required. Thereafter,