The State Of Mah. Thr. Sub ... vs Manohar S/O Lahanuji Panchbhai
2022 Latest Caselaw 6364 Bom

                                              1                               1 cri wp 426.2022

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

                      CRIMINAL WRIT PETITION NO. 426 OF 2022
                                    State of Maharashtra and ors.
                                                ..vs..
                                   Manohar s/o Lahanuji Panchbhai

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Office Notes, Office Memoranda of Coram,                            Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                              Shri S.M. Ukey, A.P.P. for the petitioners/State.



                                            CORAM : VINAY JOSHI, J.

DATED : 06/07/2022.

Heard.

2. The petitioners-State impugned herein the order dated 21.03.2022 of the Sessions Judge, Bhandara by which the motor vehicle bearing registration no.MH-36-F-3857 has directed to be released in terms of Section 457 of the Code of Criminal Procedure.

3. Learned A.P.P. would submit that the concern vehicle has been seized by the Sub-Divisional Officer by utilizing the powers under Section 48(8)(1) of the Maharashtra Land Revenue Code, 1966 (for short 'the MLR Code'). The said vehicle came to be seized by the Sub-Divisional Officer while carrying sand illegally. It is submitted that in terms of Section 48(8)(2) of the MLR Code, the Collector or such other Officer not below the rank of the Deputy Collector, is invested with the power of release of seized vehicle. It is the 2 1 cri wp 426.2022

submission that since a specific mechanism has been provided under the MLR Code, the general provisions of Section 457 of the Code of Criminal Procedure, would not apply.

4. Learned A.P.P. has submitted that the issue is already covered by the judgment of this Court in Criminal Writ Petition No. 219 of 2022 and other connected matters (State of Maharashtra, Through Tahsildar, Mohadi, District Bhandara vs. Pankaj s/o Gangadhar Gawande and anr.) delivered on 18.04.2022.

5. Issue notice to the respondent, returnable on 20.07.2022.

6. In the meantime, the impugned order dated 21.03.2022 shall stand stayed.

(VINAY JOSHI, J.) Trupti

TRUPTI SANTOSHJI AGRAWAL

08.07.2022 11:25