R/SCR.A/9000/2025 ORDER DATED: 23/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 9000 of 2025 ============================================ RADHE OIL INDUSTRIES THRO SHEKH VIPUL NANDLALBHAI Versus STATE OF GUJARAT & ORS. ============================================ Appearance: S M KIKANI(7596) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1,3 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 23/07/2025 ORAL ORDER (1) By way of present petition the petitioner has sought following relief: “(A) Your Lordships may kindly be pleased to modify / delete the condition no.1(a) in the impugned order at Annexure – A for release commodity viz groundnut and edible oil as was seized and confiscated vide order dated 02.04.2025 passed by respondent no.2 at Annexure-C by converting condition of deposit of amount of 50% of sum of Rs.81,78,500/- in to Solvent Surety of like amount, in the interest of justice.” (2) Heard learned Advocates for the respective parties. (3) It is the case of the petitioner that the petitioner is having oil mill under the name of Radhe Oil Industries doing business of producing and selling peanuts oil. On 18.12.2024, the respondent no.2 carried out a raid at the place of petitioner and due to certain irregularities goods of peanuts and oil cans worth of Rs.81,78,500/- were ordered to be seized and notice came to be issued. Thereafter, the respondent no.2 vide order dated 02.04.2025 confiscated the muddamal and if the petitioner wanted to get the muddamal then he has to pay Rs.81,78,500/-. The order dated 02.04.2025 came to be assailed before the learned Sessions Court by way of filing Criminal Appeal No.30 of R/SCR.A/9000/2025 ORDER DATED: 23/07/2025 2025, and also preferred an application at Exhibit 5 to stay the impugned order dated 02.04.2025. During the pendency of the Criminal Appeal the learned Sessions Judge has passed the order dated 03.06.2025 and directed that pending final disposal of the appeal the respondents are directed to release the commodity viz groundnut and edible oil so seized and confiscated, forthwith, in favour of the appellant, subject to fulfillment of following conditions: “(a) The appellant shall deposit 50% of a sum of Rs.81,78,500/- before the Government by way of challan. (b) The appellant shall produce solvent surety for remaining 50% of a sum of Rs.81,78,500/- before the learned Collector, Botad and shall continue to renew the said solvent surety, till the final disposal of this appeal.” (4) As the petitioner is having financial constraints he is unable to deposit the amount by way of cash or challan to the Government. (5) In view of above, present petition is partly allowed. Accordingly, the condition no.1(a) of the order dated 03.06.2025 passed below Exhibit 5 in Criminal Appeal No.30 of 2025, by the learned Principal District Judge, Botad, is hereby modified and instead of depositing the amount by way of challan to the Government, the petitioner is directed to furnish Bank Guarantee of 50% of Rs.81,78,500/- to the Collector subject to final outcome of the Criminal Appeal No.30/2025. Rest of the order dated 03.06.2025 shall remain as it is. (6) With aforesaid direction, present petition is disposed of. (HASMUKH D. SUTHAR,J) ANKIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 24/07/2025 14:45:19