Bombay High Court
Nilima Sunil Hatnagar vs State Oh Maharashtra Thr Police ... on 4 September, 2025
2025:BHC-NAG:8747
1 45-Cr.WP-594-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 594 OF 2025
Nilima Sunil Hatnagar
-- VERSUS --
The State of Maharashtra
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. V.S. Undre, Advocate for the petitioner.
Ms. S.V. Kolhe, A.P.P. for the Respondent/State.
CORAM : M.M. NERLIKAR, J.
DATE : SEPTEMBER 04, 2025.
The petitioner, under Article 227 of the
Constitution of India, seeks direction to issue a writ
of certiorari to quash and set aside the order dated
11/11/2024 passed in Criminal Revision Application
No.55/2024 passed by the Learned Sessions Judge,
Bhandara, and the order dated 08/09/2024 passed in
Criminal Misc. Application No. 132/2023 passed by
the Learned Judicial Magistrate First Class, Lakhani,
District Bhandara.
2. It seems that the First Information
Report was registered for the offence punishable
under Section 120-B of the Indian Penal Code, 1860,
and Sections 65(e), 82 and 83 of the Maharashtra
Prohibition Act, 1949, against six accused persons,
wherein, the petitioner is accused No.5.
2 45-Cr.WP-594-2025
3. The petitioner preferred an application
under Section 457 of the Code of Criminal Procedure,
1973, for the return of 126 boxes containing bottles
of liquor on supurtnama of applicant. The said
application was allowed by the Learned Judicial
Magistrate First Class, Lakhani on 08/09/2023,
however, it was allowed subject to the following
conditions:-
"2. The concerned police attached to
Lakhani Police Station are directed to hard over
interim custody of the said property consisting
126 boxes containing bottles of liquor, as
described in Para 1(a) of the application which
are seized in Crime No. 288/2023, to the
applicant namely Nilima Sunil Hatnagar till
disposal of the criminal case on execution of
indemnity bond of Rs. 5,00,000/- by her before
the Investigating Officer and subject to
condition that-
i. she shall not sell or transfer or create
third party interest in the said property;
ii. she shall maintain and preserve the said
property in all respects and shall not change
its nature, quantity and quality;
iii. she shall produce the said property
before this Court as and when required by
this Court;
iv.. She shall strictly comply terms and
conditions of licence for storing this property
and also obtain necessary permit and pass for
transporting the said property before taking
its custody."
3 45-Cr.WP-594-2025
4. Being aggrieved by the order dated
08/09/2023 passed below Exh.1, the petitioner
approached the Sessions Judge at Bhandara by filing
Criminal Revision Application No.55/2024. The
learned Additional Sessions Judge, Bhandara, was
pleased to allow the Revision Application, and the
petitioner was permitted to sell out the property
consisting 126 boxes containing bottles of liquor, as
described in Para No.1(a) of the application, which
are seized in Crime No.288/2023. However, this
permission was subject to the further condition of
depositing the total amount of Rs. 4,35,260/- before
the Trial Court within 15 days from the date of the
order. Further liberty was granted to the petitioner
to sell out the liquor as per the conditions of the
license issued by the Excise Department.
5. The learned counsel for the petitioner
submits that the petitioner is aggrieved only by the
condition of depositing an amount of Rs.4,35,260/-
and prays for relaxation of this condition. He further
submits that the petitioner is ready to furnish a
supurtnama / indemnity bond. To buttress his
submission, he relied on the oral judgment in the
case of VS. The State of Maharashtra, passed in
Criminal Writ Petition No.354/2024 dated
03/05/2024 by the High Court of Bombay, Bench at
4 45-Cr.WP-594-2025
Aurangabad, wherein, following observations are
made:-
" Applying the aforesaid ratio to the facts
of the present case, the trial Court is justified in
allowing the application filed by petitioner by
imposing a condition that petitioner should
execute Supurtnama of Rs.36,00,000/-.
However, conditions (a), (b) and (c) imposed by
the Trial Court are apparently onerous and
unreasonable. Petitioner is not the owner of
liquor consignment and petitioner is bound to
deliver the said consignment to Pudducherry.
Petitioner has undertaken not to dispute the
quantity of liquor stock. Already, at the time of
seizure of the said stock, panchanama is
prepared, wherein the quantity is recorded. At
the time of releasing the said liquor stock in
favour of petitioner, indemnity bond can be
obtained from petitioner that is sufficient
safeguard and conditions (a), (b) and (c)
imposed by the trial Court cannot be sustained."
6. Considering the fact that the application
under Section 457 of the Code of Criminal Procedure
was allowed by the Learned Judicial Magistrate First
Class, Lakhani, the conditions imposed, however, are
not justified for the reason that, if such conditions are
imposed, then the very purpose of granting custody
5 45-Cr.WP-594-2025
of the property consisting of 126 boxes would be
frustrated, and the order would remain merely on
paper. Furthermore, in Revision, the Learned
Additional Sessions Judge has imposed a condition of
depositing an amount of Rs.4,35,260/- which would
not sustain in view of the observations in the case of
Goel Roadways Transport Company (supra). The
petitioner has undertaken not to dispute the quantity
of liquor stock. Hence, the following order:-
ORDER
(i) The Criminal Writ Petition No. 594/2025 is
partly allowed.
(ii) The order dated 11/11/2024 passed by
Additional Sessions Judge, Bhandara, is hereby
modified only to the extent of depositing an amount
of Rs.4,35,260/-.
(iii) The petitioner shall execute the supurtnama /
indemnity bond of the amount of Rs.4,35,260/-
instead of depositing an amount of Rs.4,35,260/-.
(iv) The supurtnama / indemnity bond shall be
submitted before the Excise Officer at Lakhani.
(v) The Writ petition is disposed of in above terms.
[ M.M. NERLIKAR, J ]
Piyush Mahajan
