Devidas S/O Arjun Sabne vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 762 Bom

                                                                                               (1)                                                  906wp522.23

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

                                                WRIT PETITION NO. 522 OF 2023
                          Devidas Arjun Sabne__ Vs. __State of Maharashtra and ors
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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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           Mr. A.R.Ingole, Advocate for the petitioner
           Ms. T.Khan, AGP for Respondent Nos. 1 to 5


                                                                           CORAM :                     AVINASH G. GHAROTE, J.

DATE : 20/01/2023

Issue notice for final disposal returnable forthwith.

Learned AGP waives notice for Respondents. It is an admitted position as is spelt out from the impugned order dated 18.1.2023 (pg.20) that what has been seized and penalty has been levied is for the stone metal (gitti). The matter is already covered by the judgment of this Court in Bansilal Lankaranji Chandak vrs State of Maharashtra, WP 5466/2004, decided on 13.12.2018, in which it has been held that gitti (stone metal) was finished product collected form the stone crusher, for which no transit pass is required, considering which the impugned order is hereby quashed and set aside and the vehicle is directed to be released.

Petition is allowed. No costs.

                                                                                                                                        JUDGE
                                                                                                                                                  Digitally sign byRAJESH
                          Rvjalit                                                                                                                 VASANTRAO JALIT
                                                                                                                                                  Location:

Signing Date:21.01.2023 11:47