The respondent/ACB Police registered first information

report against one Devaraj K Shigganvi in Crime No.3/2021

for the offences punishable under sections 13(1B) and 13(2)

of the Prevention of Corruption Act, 1988. On obtaining

search

warrant

from

the

jurisdictional

Magistrate,

respondent/ACB raided the premises of the said accused and

during the raid conducted by respondent/ACB, an amount of

Rs.50,00,000/- belonging to the petitioner was seized from

the bank locker, the key of which was in possession of the

accused. Thereafter, the petitioner filed an application before

the learned Sessions Judge under section 451 read with 457

of Cr.P.C., seeking release of cash seized from the bank

locker of the petitioner. The learned Sessions Judge rejected

the application for release of the said amount. Taking

exception to the same, this petition is filed.

- 3 -

2.

The learned counsel for the petitioner submits

that the petitioner having admitted the seizure of the cash

from his bank locker is entitled for release of the amount in

view of the decision of the Hon’ble Apex Court in the case of

Sunderbai Ambalal Desai v. State of Gujarat reported in

(2002) 10 SCC 283.

3.

On the other hand, th