Bombay High Court
Narendra Madhukarao Upadhye vs The State Of Maharashtra Through Pso Ps ... on 17 July, 2025
2025:BHC-NAG:6929
Judgment
433 apl291 & 292.24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.291 OF 2024
AND
CRIMINAL APPLICATION (APL) NO.292 OF 2024
CRIMINAL APPLICATION (APL) NO.291 OF 2024
Narendra Madhukarrao Upadhye,
aged about 43 years, occupation-agriculture,
r/o Sant Gadgebaba Ward, Hinganghat,
district Wardha. ..... Applicant.
:: V E R S U S ::
The State of Maharashtra,
through PSO PS Hinganghat, Wardha. ..... Non-applicant.
CRIMINAL APPLICATION (APL) NO.292 OF 2024
Raju Vasantrao Khandare,
aged about 37 years, occupation-driver,
r/o Tilak Ward, Hinganghat,
district Wardha.
:: V E R S U S ::
The State of Maharashtra,
through PSO PS Hinganghat, Wardha. ..... Non-applicant.
Shri M.N.Ali, Counsel for Applicants.
Shri M.J.Khan, Addl.P.P. for the Non-applicant/State.
.....2/-
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433 apl291 & 292.24
2
CORAM : URMILA JOSHI-PHALKE, J.
CLOSED ON : 27/06/2025
PRONOUNCED ON : 17/07/2025
COMMON JUDGMENT
1. Both these applications are filed by the applicants
for quashing and setting aside orders dated 5.9.2023 and
28.7.2023 passed by learned JMFC Hinganghat, Wardha
in OMC Nos.297/2023 and 231/2023 directing them to
deposit amounts Rs.60,000/- and Rs.1,23,100/- imposed
by the Tahsildar, Hinganghat.
2. Brief facts necessary for disposal of applications are
as under:
Applicant - Narendra Madhukarrao Upadhye, is
owner of Mahindra Tractor bearing registration No.MH-
32-AS/3606 along with a tractor trolley. Whereas,
applicant - Raju Vasantrao Khandare, is owner of
.....3/-
Judgment
433 apl291 & 292.24
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Mahindra Tractor bearing registration No.MH-32/P/3209
along with a tractor trolley bearing registration No.MH-
32/P/3791. Both these vehicles came to be seized in
connection with Crime No.586/2023 under Sections 109,
379, and 511 read with 34 of the IPC.
3. The crime was registered on allegations that both
these vehicles were involved in transporting sand illegally.
After seizure of both vehicles, applicants preferred
applications under Section 457 of the CrPC before JMFC
at Hinganghat for releasing the same on supratanamas.
While releasing the vehicle, in OMC No.297/2023,
learned JMFC directed that the applicant shall deposit
amount Rs.60,000/- imposed by the Tahsildar.
Wheres, while releasing another vehicle, in OMC
No.231/2023, learned JMFC directed that the applicant
shall deposit Rs.1,23,1000/- imposed by the Tahsildar.
.....4/-
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433 apl291 & 292.24
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4. Heard learned counsel Shri M.N.Ali for the
applicants and learned Additional Public Prosecutor Shri
M.J.Khan for the State.
5. Learned counsel for the applicants submitted that
the present applications are filed with a contention that
imposition of such condition on the applicants to deposit
the amounts, imposed by the Tahsildar, is harsh and
illegal one. If an applicant is liable to pay any penalty, it
is already open for Revenue Authority to recover the
penalty as arrears of land revenue after following due
procedure. The order passed by learned JMFC and
confirmed by learned Sessions Judge is wrong and illegal
and the same liable to be rejected. He prays that the
applications be allowed.
6. In support of his contentions, learned counsel for
the applicants placed reliance on following decisions:
.....5/-
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433 apl291 & 292.24
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1. Writ Petition No.3073/2019 (Ashish s/o
Haridas Ukalkar and anr vs. State of Mah, thr.its
Secretary, Revenue and Forest Department,
Mantralaya, Mumbai-33 and ors) decided by the
Division Bench of this Court on 16.4.2019;
2. Writ Petition No.7873/2019 (Ambadas
Manikarao Saudagar vs. The State of
Maharashtra and ors) decided by the Division
Bench of this Court at Aurangabad Bench on
1.7.2019, and
3. Criminal Writ Petition No.1259/2020
(Dnyaneshwar s/o Devidas Kharat vs. The State
of Mah., thr.its Police Inspector, taluka Georai,
district Beed) decided by the Division Bench of
this Court at Aurangabad Bench on 24.11.2020.
7. Per contra, learned Additional Public Prosecutor for
the State strongly opposed these applications on the
ground that both vehicles are found in transporting the
sand illegally and the same vehicles are seized and,
therefore, the applications deserve to be rejected.
.....6/-
Judgment
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8. The issue involved in these applications is,
imposition of amounts by learned JMFC while releasing
both vehicles. It is in respect of directions imposed by the
Tahsildar that the applicants should deposit amounts
Rs.60,000/- and Rs.1,23,100/- and only after depositing
of the said amounts, both vehicles are to be released.
9. Perusal of orders impugned in these applications
shows that the Tahsildar has imposed penalty, applying
the provisions of Section 48 of the Maharashtra Land
Revenue Code, as both the vehicles are found to be
transporting sand illegally. Admittedly, confiscation
proceeding is not initiated. The said Authority has
imposed amounts as penalty by holding that both vehicles
were involved in illegal excavation of sand. Admittedly,
the applications nowhere state that the applicants have
received any notice or order passed by the Competent
.....7/-
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Authority under the Maharashtra Land Revenue Code
regarding imposition of penalty. If that procedure is
pending, it would be premature to direct the applicants to
deposit the amounts of penalty and only upon deposit the
penalty, they are entitled to receive the vehicles.
10. This court at Aurangabad Bench in Pavan Rajgopal
Darak Through Sagar Appasaheb Kadam vs. The State of
Maharashtra, in Criminal Writ Petition No.963/2020
decided on 21.9.2020 observed that the rights and power
of the State under Section 48 of the Maharashtra Land
Revenue Code are required to be protected.
Under such circumstances, view taken by the
Division Bench of this Court at Aurangabad Bench in
Ambadas Manikarao Saudagar supra requires to be taken
into consideration that some amount can be directed to be
.....8/-
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deposited with the Revenue Authority and then the
tractor can be released.
11. In the present case, taking into consideration the
allegation, both the vehicles are found in excavation of
the sand and considering this aspect, the directions were
given to deposit the amounts. This order would then be
without prejudice to the rights of the Revenue Authorities
to proceed under the Maharashtra Land Revenue Code.
Admittedly, the prosecution has not produced any such
material on record to show the proceeding under 48 of
the Maharashtra Land Revenue Code has been
undertaken in this case or not. The right of the true
owner to get the possession of the vehicle is also
recognized and at the same time the right and power of
the Revenue Authorities to impose penalty under
Maharashtra Land Revenue Code and Mines and Minerals
.....9/-
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Act in case the vehicle is found to be involved in illegal
excavation of sand is also upheld.
12. In another case, the Division Bench of this Court at
Nagpur Ashish s/o Haridas Ukalkar and anr supra, after
the petitioner had shown readiness to deposit the amount
of penalty which was already imposed, it appears that the
vehicles were directed to be released upon the deposit of
the penalty and at the same time, it was observed that the
payment shall not be considered as acceptance by the
petitioner about the commission of offence.
13. In this view of the matter, the similar view is
required to be taken in the interests of justice and in view
of the above observations, though the prayer of the
applicants is rejected, orders dated 5.9.2023 and
28.7.2023 passed by learned JMFC Hinganghat, Wardha
.....10/-
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in OMC Nos.297/2023 and 231/2023 are modified as
follows:
ORDER
(1) The Criminal Applications are Rejected.
(2) On depositing amounts Rs.60,000/- and Rs.1,23,100/-
respectively by the applicants, vehicles Mahindra Tractors
bearing registration Nos.MH-32-AS/3606 along with a trac-
tor trolley and No.MH-32/P/3209 along with a tractor trol-
ley bearing registration No.MH-32/P/3791, shall be released.
Such deposits with the Revenue Authorities by the applicants
would be without prejudice to the rights and contentions of
either parties, and it shall not be taken as acceptance of com-
mission of crime by the applicants.
Both the applications stand disposed of.
(URMILA JOSHI-PHALKE, J.)
!! BrWankhede !!
Signed by: Mr. B. R. Wankhede
Designation: PS To Honourable Judge ...../-
Date: 19/07/2025 10:31:24
