IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 2727 of 2023 With CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2023 In R/CRIMINAL APPEAL NO. 2727 of 2023 ==========================================================

SADDAM HUSAIN KEVAR Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ASHISH M DAGLI(2203) for the Appellant(s) No. 1 MS. JIRGA JHAVERI, APP for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 25/01/2024

ORAL ORDER

ORDER IN CRIMINAL APPEAL ADMIT. Learned Additional Public Prosecutor appears and waives service of notice of admission on behalf of the respondent-State.

ORDER IN CRIMINAL MISC. APPLICATION Rule. Learned Additional Public Prosecutor appears and waives service of notice of rule for the Respondent State.

1. The petitioner has preferred this application seeking stay against the operative portion (paragraph no. 13) of judgment and order passed in Sessions Case No. 04 of 2022 dated 3^rd November, 2023 by the learned Sessions Judge, Tapi @ Vyara.

2.1 That FIR No. Part B-11824006210627 of 2021 before the Ucchal Police Station, Vyara was registered with and after due investigation, two chargesheets came to filed before the learned Sessions Judge, Vyara and the same were registered as Sessions Case No. 45 of 2021 and Sessions Case No. 4 of 2022. That the applicant was the accused in Sessions Case No. 4 of 2022 and during investigation, the vehicle being Tata Multi Axle Goods Truck bearing registration No. GJ-12-BY-7239 was seized by the Investigating Officer. That the learned Sessions Judge, Vyara conducted the entire trial and at the end of the trial, was pleased to convict the other co-accused but acquitted the applicant by the judgment and order dated 3^rd November, 2023 and was pleased to confiscate the vehicle being Tata Multi Axle Goods Truck bearing registration No. GJ-12-BY-7239.

3. Being aggrieved and dissatisfied with the said order, the applicant has filed the present revision application mainly stating that the applicant is a businessman and running his business of transport in the name and style of KBK Road and Lines and the vehicle is being used for his business. That the vehicle was taken on rent by the co-accused and if the vehicle is not release, the applicant would be a huge loss. That the applicant is not convicted in the offence and the vehicle is lying in the custody of the Investigating Officer fore more than one year, which is causing a huge loss to the present applicant. Moreover, the appeal may take some time and hence during the pendency of appeal, the muddamal being Tata Multi Axle Goods Truck bearing registration No. GJ-12-BY-7239 may be released in favour of the applicant.

4. Heard Mr. Asish Dagli learned advocate for the applicant and Ms. Jirga Jhaveri, learned APP for the State.

5. Learned Advocate for the applicant submits that the applicant was accused in the FIR and subsequently after deciding sessions case, appellant came to be acquitted and two accused came to be convicted by the trial. That, while passing the final judgment, the Court below has ordered the Muddamal to be disposed of by confiscating the same to the State Government. That, the present applicant is the owner of the vehicle i.e. Tata Multi Axle Goods Truck bearing registration No. GJ-12-BY- 7239 and he has nothing to do with the offence. That as per the FIR, the Co-accused was sitting on the vehicle and it is not the case of the prosecution that the original accused was driving the vehicle and at that time he was intercepted and the mauddamal was found.

6. Learned APP for the respondent – State has objected the submissions made by learned advocate for the applicant and urged that if the vehicle can be released, the same will be used for similar offences.

7. Heard learned advocates on both the sides and perused the documents on record. Considering the fact