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SCR.A/728/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 728 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE MD SHAH
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
SANJAYKUMAR
ARVINDKUMAR GANDHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PARTHIV A BHATT for
Applicant(s) : 1,
Mr.L.R.Pujari, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 10/08/2011
ORAL
JUDGMENT
This
application is filed praying for quashing and setting aside the order
dated 28.1.2011 passed by learned Additional Sessions Judge, Fast
Track Court, Bharuch camp at Ankleshwar in Criminal Revision
Application No.159 of 2010 as well as order dated 25.10.2010 passed
by learned JMFC, Ankleshwar in Miscellaneous Criminal Application
under Section 451 of Criminal Procedure code in C.R.No.III 841/2010
registered at Ankleshwar Police Station and further be pleased to
release the muddammal with a condition of executing personal bond
instead of bank guarantee.
The
facts leading to filing of this application are such that one FIR
being Prohibition C.R.No.III 841/2010 was registered on 13.8.2010
with Ankleshwar City Police Station against the petitioner for the
offence punishable under Section 70(A) of the Prohibition Act. In
pursuance to the said FIR, the police sealed the godown of the
petitioner wherein 2860 kgs. of jaggery was lying. Thus, the
petitioner filed Miscellaneous Criminal Application before learned
JMFC, Ankleshwar under Section 451 of Indian Penal Code in C.R.No.
III 841/2010 for release of muddammal of 2860 kgs. of jaggery lying
in the godown sealed by the police. Learned JMFC passed order dated
25.10.2010 to release the muddammal but imposed condition of
producing bank guarantee of Rs.71,500/- before the Court. Being
aggrieved by the said order, the petitioner filed Criminal Revision
Application No.159 of 2010 before the learned Additional Sessions
Judge, Bharuch camp at Ankleshwar. However, the learned Additional
Sessions Judge, Fast Track Court, Bharuch rejected the revision
application and confirmed the order passed by learned JMFC. Hence,
this petition.
Heard
learned advocates for the parties and perused the orders passed by
both the Courts below.
On
reading the order passed by learned JMFC, prima facie, the order is
very harsh and amounts to rejection of the prayer made by the
petitioner and the learned lower appellate Court ought to have
allowed the revision application and ought to have modified the
condition of producing the bank guarantee as imposed by the learned
JMFC.
In
view of the above, this petition is partly allowed. The order dated
28.1.2011 passed by learned Additional Sessions Judge, Fast Track
Court, Bharuch in Criminal Revision Application No.159 of 2010 is
hereby set aside. The order dated 25.10.2010 passed by learned JMFC
is modified to the extent that the muddammal as described in the
order be handed over to the petitioner on furnishing personal bond of
Rs.71,500/- (Rupees seventy one thousand five hundred only) and
surety of like amount instead of bank guarantee. The rest of the
order remains unaltered.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(
M.D.Shah, J )
srilatha
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