R/SCR.A/10835/2025 ORDER DATED: 08/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL) NO. 10835 of 2025 ========================================================== MAHAVIRBHAI NAINMAL MEHTA Versus STATE OF GUJARAT ========================================================== Appearance: MR. RAAJEN D JADHAV(10026) for the Applicant(s) No. 1 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 08/10/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of Rule for the respondent- State. 2. The petitioner has preferred this petition, seeking to quash and set aside the order dated 31.05.2025 passed by learned 11th Addl. District and sessions Judge, Surat, in Criminal Revision Application No.485/2024 partially confirming the order dated 05.12.2024 passed by learned CJM, Surat, in CRMA No.993/2021 and thereby, be pleased to order to release Muddamal gold biscuits and ornaments seized in connection with FIR being C.R. No.21/2010 dated 22.06.2010 registered with DCB Police Station, Surat. 3. Learned counsel for the petitioner has submitted that, the petitioner had preferred an application for releasing muddamal articles before the trial Court, which was allowed on certain conditions and one of the condition was that the petitioner will not be given the muddamal articles Nos.8, 11 and 12 and that the remaining muddamal gold would be released in favour of the petitioner upon submission of 1.5 time ready solvency of market value of muddamal gold. Being aggrieved by the same, the petitioner preferred Revision Application No.485/2024 before the Addl. District and Sessions Judge, Surat, wherein, the matter was ordered to be remanded back to the trial Court for afresh consideration of muddamal application qua muddamal article Nos.8, 11 and 12 and confirmed the order of learned trial Court R/SCR.A/10835/2025 ORDER DATED: 08/10/2025 requiring 1.5 times ready solvency of the market value of the muddamal gold vide order dated 31.05.2025. Hence, this petition is preferred. 4. Considering the submissions made by learned counsel for the parties and perusing the material placed on record, present petition deserves consideration and is hereby partly allowed. The word “1.5 times ready solvency” is hereby deleted from the order dated 31.05.2025 passed by learned 11th Additional District and Sessions Judge, Surat. Accordingly, the learned Trial Court / authority concerned is directed to release the muddamal Articles of the petitioner i.e. Articles Nos.1, 2, 3, 4, 5, 6, 7, 9 and 10 (as mentioned in application of the petitioner i.e. CRMA-J No.993/2021 filed before ld. Chief Judicial Magistrate, Surat, which is at Annexure-D) upon providing personal bond of like amount of value of muddamal. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 14/10/2025 15:48:06