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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
PRAHLADBHAI ISHWARBHAI BHAGAT – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. challenge against legality of orders. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding ownership and perishable nature of goods. (Para 6) |
| 3. court's final observations and conclusions. (Para 7 , 8) |
ORAL ORDER
1) RULE. Learned APP waives notice of rule for and on behalf of the respondents.
2) By this petition under Article 226 of the Constitution of India, the petitioner calls in question the legality and validity of the order dated 05.02.2025 passed by learned 7th Addl. Sessions Judge, Karjan, in Criminal Revision Application No. 177/2024, thereby confirming the order dated 01.03.2024 passed by learned Addl. Civil Judge and JMFC, Karjan, in Muddamal Application No.262/2023.
3) The case of the prosecution is that, based on secret information received by the police personnel of Karjan Police Station, a raid was conducted at one room (ordi) belonged to one Bharatbhai Trikambhai Patel of village Kasampura, from which, certain stocks of wheat, rice, sugar, salt etc. found and seized from the spot. Pursuant to the same, two accused were arrested under Sections 41(1)(d) of Cr.P.C. Further, in the said room, stock of 8850 kgs. of wheat kept in 177 plastic bags were also seized belo
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