Arun S/O Nandlal Jaiswal vs The State Of Mah. Thr. Pso Ps ...
2022 Latest Caselaw 8246 Bom

Judgment                                                          wp370.22
                                      1


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                  NAGPUR BENCH : NAGPUR.



             CRIMINAL WRIT PETITION No. 370/2022.


Arun Nandlal Jaiswal,
Aged about 64 years,
Occupation - Business,
resident of Maregaon,
Tq. Maregaon, District Yavatmal.               ...        PETITIONER.


                               VERSUS


The State of Maharashtra,
through its Police Station Officer,
Police Station Maregaon,
District Yavatmal.                            ...        RESPONDENT.


                     ---------------------------------
          Mr. T. Deshpande, Advocate for the Petitioner.
       Ms. M.H. Deshmukh, A.P.P. for the Respondent-State.
                     ----------------------------------

                                   CORAM : VINAY JOSHI, J.

                                   DATE   :         AUGUST 23, 2022.

ORAL JUDGMENT :

Heard learned Counsel for the parties. Considering the

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controversy raised and by consent of the parties, the matter is taken

up for final disposal by issuing Rule, making the same returnable

forthwith.

2. The petitioner has impugned herein an order of rejection

of return of muddemal property namely Country Liquor Boxes. The

petitioner is a country liquor vendor holding CL-III licence issued by

the competent Authority. It is the prosecution case that during

pandemic period, the seized property i.e. country liquor boxes were

found in two vehicles supposed to be sold in violation of the

prohibition, during pandemic period. The police have investigated

the matter and filed charge sheet, wherein the petitioner has not

been made accused.

3. Both the Courts below though hold that the petitioner is

the owner of the seized country liquor, however, declined to hand

over the muddemal by stating that in violation of the Rules, the

liquor boxes were transported.

4. The petitioner has relied on the decision of Supreme

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Court in case of Sundarbhai Ambalal Desai .vrs. State of Gujarat -

AIR 2003 SC 638, wherein it is observed that there is no purpose in

storing the seized muddemal at police station, and preferably it is to

be released. The prosecution has not pointed out any justifiable

reason to keep the seized muddemal lying in the police station for an

indefinite period. The purpose would be served if the muddemal is

released by imposing certain conditions.

5. In view of above, Writ Petition is allowed. Both the

impugned orders passed by the Additional Sessions Judge, Kelapur in

Criminal Revision No.4/2021 dated 04.03.2022 and order dated

20.09.2022 passed by the Judicial Magistrate First Class, Maregaon

in Criminal M.A.No.43/2020, are quashed and set aside, to the

extent of denial of return of muddemal property. The seized

muddemal property which is described in paragraph no.2 of the

order of the Magistrate dated 20.09.2022, be returned to the

petitioner on condition that he shall produce the same as and when

called for by the trial Court. It is implicit that till the conclusion of

the trial, the petitioner shall not dispose of the seized muddemal.

The petitioner shall also execute an indemnity bond to the

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extent of Rs.1,24,800/-, Rs.74,880/- and Rs.26,000/- respectively,

which is the price of the muddemal property.

6. Rule is made absolute in the aforesaid terms, with no

order as to costs.

JUDGE

Rgd.

Signed By:RAKESH GANESHLAL DHURIYA Private Secretary High Court of Bombay, at Nagpur Signing Date:25.08.2022 11:33