Imran Mansoori Vs State of Rajasthan (Rajasthan High Court)
The petitioner challenged the orders of the Trial Court dated 25.04.2023 and the Revisional Court dated 02.07.2024, which refused to release ₹7,35,000 seized during investigation of an offence under Section 13 of the Rajasthan Public Gambling Ordinance, 1949, while directing release of the petitioner’s mobile phone.
An FIR had been registered against the petitioner, following which the police seized his mobile phone and ₹7,35,000 and filed a charge sheet. During the pendency of the trial, the Department of Home, Government of Rajasthan decided to withdraw the criminal case and issued a Circular dated 11.11.2022. Pursuant to an application under Section 321 Cr.P.C., the Trial Court allowed withdrawal of the prosecution on 12.11.2022, resulting in the petitioner’s acquittal.
Thereafter, the petitioner sought release of the seized mobile phone and cash. The Trial Court ordered release of only the mobile phone after removal of its data but declined to release the seized money. The Revisional Court upheld that decision on the ground that money seized in connection with gambling could not be released unless the offence was tried.
The High Court observed that, after withdrawal of the prosecution and the petitioner’s acquittal, there was no reason or occasion to retain the seized amount in the Treasury or Government Fund. It held that the Revisional Court’s observation that the money could not be released until the matter was tried was foreign to the procedure established by law.
