Bombay High Court
Nilesh Namdeo Musale vs The State Of Maharashtra And Others on 27 March, 2025
2025:BHC-AUG:9149
Cri-**WP-1459,1460-24-Jud.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1459 OF 2024
Ajay Sunil Chavan
Age- 31 Years, Occu. Business,
R/o. Near Radhakrushna Temple
Fegane, Tq Dist. Dhule ... PETITIONER
VERSUS
1. The State of Maharashtra
Through Police Station, Nashirabad
Tq. Dharangaon, Dist. Jalgaon,
Through its Police Inspector
2. Sub-Divisional Officer, Jalgaon
Tq and Dist. Jalgaon
3. Tahsildar Jalgaon (Supply),
At Jalgaon, Tq and Dist. Jalgaon ... RESPONDENTS
AND
CRIMINAL WRIT PETITION NO. 1460 OF 2024
Nilesh Namdeo Musale
Age- 44 Years, Occu. Business,
R/o. Gannbappa Nagar Dharangaon,
Tq. Dharangaon, Dist. Jalgaon ... PETITIONER
VERSUS
1. The State of Maharashtra
Through Police Station, Nashirabad
Tq. Dharangaon, Dist. Jalgaon,
Through its Police Inspector
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2. Sub-Divisional Officer, Jalgaon
Tq and Dist. Jalgaon
3. Tahsildar Jalgaon (Supply),
At Jalgaon, Tq and Dist. Jalgaon ... RESPONDENTS
....
Mr. Ajay G. Talhar, Advocate for the Petitioners
Ms Chaitali Chaudhari - Kutti, APP for the Respondents in Criminal
Writ Petition No.1459 of 2024
Ms Ashlesha S. Deshmukh, APP for the Respondents in Criminal Writ
Petition No.1460 of 2024
....
CORAM : Y. G. KHOBRAGADE, J.
RESERVED ON : 04.03.2025
PRONOUNCED ON : 27.03.2025
JUDGMENT :
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1. Rule. Rule made returnable forthwith and with consent
of the parties, heard finally at the stage of admission.
2. In Writ Petition No. 1459 of 2024, the Petitioner, who is
owner of truck bearing MH-18/BZ-1039, put forth prayer clauses (C)
and (D), as under:-
"(C) By appropriate writ order or direction, the Order dated
24.04.2024 passed by the Additional Session Judge in Appeal
No.11 of 2024 may kindly be quashed and set aside qua to the
part of clause No.3 i.e. directing to execute surety bond to the
satisfaction of SDO Jalgaon.
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(D) By appropriate writ order or directions, Order dated
22.05.2024 passed by the Sub-Divisional Officer Jalgaon may
kindly be quashed and set aside."
3. In Writ Petition No.1460 of 2024, the Petitioner, owner of
the commodities, put forth prayer clauses (C) and (D), as under:-
"(C) By appropriate writ order or direction, the Order dated
24.04.2024 passed by the Additional Session Judge in Appeal
No.10 of 2024 may kindly be quashed and set aside qua to the
part of clause No.3 i.e. directing to execute surety bond to the
satisfaction of SDO Jalgaon.
(D) By appropriate writ order or directions, Order dated
22.05.2024 passed by the Sub-Divisional Officer Jalgaon may
kindly be quashed and set aside."
4. In both these Petitions, on 04.10.2023, Crime No.0171 of
2023 is registered with Nashirabad Police Station, District Jalgaon, for
the offence punishable under Sections 3, 7 of the Essential
Commodities Act. The Police Head Constable Mr. Suraj Madhukar
Patil, lodged the report that, on 04.10.2023 at about 9.24 p.m., he
conducted raid after receiving the information from reliable sources
about purchase of 302 quintal rice, which is made for public supply
by the petitioner from Balaji Traders under invoice No.465 and being
transported 550 bags rice to Bamleshwari Rick Sortex, Gondia, in
goods carrier vehicle No.MH-18/BZ-1039, therefore, said truck was
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intercepted and confiscated by the Sub Divisional Officer under
Section 6A(2)(i) of the Essential Commodities Act, 1955 vide order
dated 25.01.2024 and directed the Tahsildar to deposit said
commodities in the Government godown. It is also directed the
Tahsildar to recover the value of truck as a fine for release of the
truck and to deposit with the Government.
5. Being aggrieved by the said order, Mr. Nilesh Namdeo
Musale, the owner of the commodities, filed Criminal Appeal No. 10
of 2024, whereas Mr. Ajay Sunil Chavan, the owner of Truck filed
Criminal Appeal No.11 of 2024 under Section 6C of the Essential
Commodities Act before the Sessions Court, Jalgaon.
6. On 24.04.2024, the learned Additional Sessions Judge,
passed the Judgment in both the appeals and set aside the order of
confiscation of the commodities and truck passed by the Sub
Divisional Officer, Jalgaon, on 25.01.2024 in Crime No.171 of 2023
registered with Nashirabad Police Station, District Jalgaon. It is
further directed to return 550 bags of rice to the Petitioner in
Criminal Writ Petition No.1460 of 2024 on execution of his personal
and surety bond to the satisfaction of the Sub Divisional Officer,
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Jalgaon. In Criminal Appeal No.11 of 2024, the learned Additional
Sessions Judge quashed and set aside the order of confiscation of
truck passed by the learned Sub-Divisional Officer, Jalgaon in Crime
No.171 of 2023 and directed the Sub-Divisional Officer, Jalgaon to
return the vehicle No.MH-18/BZ-1039 of Tata Motors Limited to the
Petitioner Shri Ajay Sunil Chavan on execution of his personal and
surety bond to the satisfaction of the Sub-Divisional Officer.
7. In both the Petitions, it is the grievance of the Petitioners
that as per judgment and order dated 24.04.2024 passed by the
Additional Sessions Judge, Jalgaon in Criminal Appeal No.10 of 2024
and 11 of 2024, the commodities of 550 rice bags and truck are
directed to release on execution of personal and surety bond to the
satisfaction of the Sub-Divisional Officer, Jalgaon. However, on
22.05.2024, the Respondent No. 2 the Sub-Divisional Officer, Jalgaon,
passed the orders and directed to release the commodities and
vehicle on execution of personal bond and on furnishing 50% of bank
guarantee of Nationalised Bank in contravention of the judgment and
order passed by the learned Additional Sessions Judge on 24.04.2024
in Criminal Appeal Nos.10 of 2024 and 11 of 2024.
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8. Mr. Talhar, the learned counsel for the Petitioners in both
the Petitions canvassed in vehemence that, when the learned Sessions
Judge passed the judgments in both the Appeals directing for release
of commodities and seized Vehicle on execution of personal surety
and security bond, therefore, the Respondent no. 2 Sub-Divisional
Officer has no authority to modify the conditions of release of
commodities and truck on furnishing personal bond and the Bank
guarantee of 50% price of the commodities and Vehicle. Therefore,
the impugned orders dated 22.05.2024 passed by Respondent No.2
Sub Divisional Officer, Jalgaon is illegal, bad in law, hence, prayed for
quash and set aside the same.
9. It is further canvassed that, while passing the judgment
and order dated 24.04.2024, the learned Additional Sessions Judge
recorded findings as per inquiry conducted by the Civil Supply Officer,
Jalgaon, the seized rice/commodities is not subject of the public civic
supply office (ration) and documents produced on record apparently
proves that the Petitioner Shri Nilesh Musale, in Criminal Writ
Petition No.1460 of 2024 is the owner of said commodities. The
prosecution failed to show that, Shri Nilesh Musale has breached any
order issued by the authorities under the Essential Commodities Act.
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Therefore, there was no occasion to the District Supply Officer to
seize the commodities and vehicle. The material placed on record
shows that, the Public Civic Supply Inspector has exceeded his
jurisdiction and seized said commodities. It is submitted that, the
Respondent prosecution has not challenged findings of the learned
Session Court before the competent Court. Therefore, calling upon
both the Petitioners for furnishing bank guarantee of 50% of
commodities and Vehicle is certainly contrary to the judgment and
order passed by the learned Sessions Court on 24.04.2024. Hence,
prayed for quash and set aside the impugned orders dated
22.05.2024 passed by Respondent No.2 Sub Divisional Officer,
Jalgaon.
10. Per contra, Ms Ranjana Maroti Bahade, Civil Supply
Inspecting Officer, has filed affidavit-in-reply and strongly opposed
the Petitions. The learned APP canvassed in vehemence that, as per
Clause(3) of the judgment and order dated 24.04.2024 passed by the
Additional Sessions Judge, Jalgaon in Criminal Appeal Nos.10 of
2024 and 11 of 2024, the Respondent No. 3 is under obligation to
return 550 bags of rice (commodities) and vehicle to the respective
Petitioners on execution of personal bond and surety to the
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satisfaction of Respondent No.2 Sub Divisional Officer. Therefore, in
compliance of the Judgment passed by the learned Session Court, the
Petitioners in both the Petitions have submitted the applications and
prayed for release of commodities and vehicle. Therefore, in exercise
of said discretionary directions, the Respondent No.2 called upon the
Petitioners to submit personal bond and bank guarantees of 50% of
the commodities and vehicle, which is just and proper. However, both
the Petitioners have failed to comply with the directions under
communication dated 22.05.2024, hence, prayed for dismissal of both
the Petitions.
11. Having regard to the submissions canvassed on behalf of
both sides, I have gone through the peitition paper book. It is not in
dispute that, on 03.10.2023, 14 Tyres Vehicle/Truck bearing No.MH-
18/BZ-1039 came to be seized with commodities/rice containing 550
bags weighing 50 kg each total 29490 kg., Rice presuming it is public
civic supply office commodities and Vehicle in which said
commodities were transported. The necessary seizure panchanama
was drawn. It is not in dispute that, the Respondent No.2 initiated
confiscation of commodities and vehicle proceeding under Section 6A
of the Essential Commodities Act. After providing opportunity of
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hearing, on 25.01.2024, the Respondent No.2 Sub Divisional Officer
passed the order and confiscated seized commodities of 550 bags
containing rice weighing 50 kg., per bag, total 29490 kg., under
Section 6A(2)(i)(ii) of the Essential Commodities Act. However, the
seized vehicle was directed to released in favour of the vehicle owner
after recovery of price of the vehicle toward fine. So also, to return
550 bags rice to the Petitioner on executing his personal bond and
surety bond to the satisfaction of the Sub-Divisional Officer, Jalgaon.
12. It is a matter of record that, being aggrieved by said
order, Mr. Nilesh Namdeo Musale, the owner of the commodities filed
Criminal Appeal No.10 of 2024, whereas, Mr. Ajay Sunil Chavan, the
vehicle owner filed Criminal Appeal No.11 of 2024 under Section 6C
of the Essential Commodities Act before the Sessions Court, Jalgaon.
It is not in dispute that, as per the notification issued by Law and
Judiciary Department, Government of Maharashtra, on 15.09.2009,
all the judicial officers presiding over the Court of Sessions in the
State of Maharashtra are authorised to hear the appeals under
Section 6C of the Essential Commodities Act within their respective
jurisdiction.
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13. Indeed, on 24.04.2024, the learned Additional Sessions
Judge, passed the judgment and held that, the inquiry conducted by
the Civic Supply Officer, Jalgaon, indicates that the seized
commodities (rice) is not subject of Civic Supply Office (Ration). The
documents which have been produced on record shows that, Mr.
Nilesh Namdeo Musale (Petitioner in Criminal Writ Petition No.1460
of 2024), is the owner of seized commodities, however, the
prosecution failed to show that, the Petitioner Mr. Nilesh Namdeo
Musale has breached any order issued by the authorities under the
Essential Commodities Act, hence, there were no occasion for the
District Supply Officer to seize such commodities and the vehicle in
which seized commodities were being transported. Therefore,
directed to release said commodities in favour of owner on execution
of personal bond and surety bond to the satisfaction of Respondent
No.2 Sub-Divisional Officer.
14. Needless to say that, on 24.04.2024, the learned Sessions
Judge, passed the judgment and order in Criminal Appeal Nos. 10 of
2024 and 11 of 2024 and set aside order of confiscation of
commodities passed by Respondent No.2 Sub Divisional Officer in
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connection with Crime No.171 of 2023 and directed to return the
vehicle/truck No.MH-18/BZ-1039 in favour of the vehicle owner on
execution of personal bond and surety bond to the satisfaction of
Respondent No.2 Sub-Divisional Officer.
15. The judgment and order dated 24.04.2024 passed by the
Additional Sessions Judge, it clearly indicates that the Petitioners are
owners of commodities and vehicle and both of them are requires to
furnish only personal and surety bond to the satisfaction of
Respondent No.2 Sub-Divisional Officer, Jalgaon. However, on
22.05.2024, the Respondent No.2 Sub Divisional Officer, Jalgaon,
passed the impugned orders and called upon both the Petitioners to
furnish personal bond and Bank guarantee of Nationalized Bank of
50% of price of the commodities and vehicle, which is contrary to the
condition prescribed by the learned Sessions Judge in Judgment
dated 24.04.2024 passed in Criminal Appeal Nos. 10 of 2024 and 11
of 2024. The Respondent No.2 Sub Divisional Officer has not given
any justification in respect of calling both the Petitioners to furnish
bank guarantee of 50% of price of seized commodities and vehicle,
though the learned Sessions Judge has recorded findings that the
seized commodities is not of civic supply scheme. So also, there was
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no occasion to the District Supply Officer to seize the commodities
and vehicle. Under these circumstances, the Respondent No.2 Sub-
Divisional Officer ought not to have called upon the Petitioners to
furnish bank guarantee of nationalized bank of 50% of price of
commodities and the vehicle. Therefore, impugned orders dated
22.05.2024 passed by the Respondent no. 2 Sub-Divisional Officer,
are illegal, bad in law as well in contravention of the condition
prescribed in Judgment dated 24.04.2024 passed by the learned
Sessions Judge. Therefore, to my view, the Respondent No.2 Sub-
Divisional Officer exceeded his jurisdiction and tried to modify
conditions of orders passed by the learned Sessions Judge while
releasing seized commodities and vehicle. Therefore, the impugned
orders are liable to be quashed and set aside. In view of above
discussion, I am inclined to grant both the Criminal Writ Petitions and
proceed to pass the following order:-
:: O R D E R ::
(i) Both the Criminal Writ Petitions are allowed.
(ii) The impugned orders dated 22.05.2024 passed by the
Respondent No.2 Sub-Divisional Officer, Jalgaon, are
hereby quashed and set aside.
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(iii) The Respondents are hereby directed to release the seized
commodities in favour of the Petitioner in Cri.W.P. No.
1460 of 2024 Mr. Nilesh Namdeo Musale on execution of
personal bond and sureties of Rs.5,00,000/- (Rupees Five
Lacs).
(iv) The Respondents are hereby directed to release the seized
vehicle bearing No.MH-18/BZ-1039 on execution of
personal bond and sureties of Rs.25,00,000/- (Rupees
Twenty Five Lacs) in favour of vehicle owner Mr. Ajay
Sunil Chavan, the Petitioner in Cri. W. P. No.1459 of 2024.
(v) Rule is made absolute in above terms.
[ Y. G. KHOBRAGADE, J. ]
SMS
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