LATESH KUMAR GANESHBHAI PATEL Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-3-170
HIGH COURT OF BOMBAY (AT: STATE)
Decided on March 24,2017

LATESH KUMAR GANESHBHAI PATEL Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

A.S.OKA, J. - (1.) The submissions of the parties were heard yesterday. The parties were put to notice that an endeavour shall be made to decide the Application finally at the stage of admission.
(2.) The prayer in this Application under Section 482 of the Code of Criminal Procedure, 1973 (for short "CrPC") is for quashing the First Information Report (for short "FIR") registered for the offence punishable under Section 124 of the Maharashtra Police Act, 1951 ( for short "the said Act of 1951") and Section 52 of the Motor Vehicles Act, 1988 ( for short "the said Act of 1988"). A charge-sheet was filed on 13th January 2016 against the Applicants. A copy of the charge-sheet is placed on record. We have allowed the learned counsel appearing for the Applicants even to argue on merits of the charge-sheet as a remedy of applying for discharge is not available. We permit formal amendment to be carried out for incorporating a challenge to the charge-sheet which shall be done within a period of two weeks from the date on which this Judgment is uploaded.
(3.) The first informant is a Police Constable attached to Bhivandi Taluka Police Station. Along with other Police personnel, on 2nd March 2016, when he was on patrolling duty on Mumbai Nashik Highway, he received an information that a Scorpio vehicle is likely to pass containing suspicious goods. Around 6.30 a.m. on 3rd March 2016, the first informant and other police personnel spotted the vehicle. According to the first informant, the Driver and one of the occupants of the said vehicle did not give satisfactory answer to the inquiry made with them. Therefore, a report was submitted to the Police Officer. After the Police Officer came, it was realized that there were drawers below the seat of the vehicle which could not be easily seen and the same were locked. The two Panchas were called and a person was also called for taking a video film. In their presence, the drawers were opened and it was found that there were bundles of currency notes of Rs.500/and Rs.1,000/. The total cash found was of Rs.2,84,50,000/. It was suspected that the cash amount had been fraudulently obtained by the Applicants by illegal means. It was alleged that the Applicants could not give satisfactory explanation to the possession of the cash amount. The custody of the said amount was taken on the very day (3rd March 2016 at 22.32 hrs.) by the Police. The Applicants were arrested in purported exercise of power under Clause (d) of Subsection (1) of Section 41 of the CrPC. On 4th March 2016, a remand report was submitted by the Police before the learned Judicial Magistrate, First Class at Bhivandi when the applicants were produced before him. Along with the remand report, a separate report was submitted recording that the Applicants have been arrested under Clause (d) of Subsection (1) of Section 41 of the CrPC. A permission was sought from the learned Magistrate under Subsection (2) of Section 155 of the CrPC which was duly granted. Probably, on the basis of the said permission that the Police ventured to register the impugned FIR under Section 154 of the CrPC, on the basis of which, an investigation was carried out and charge-sheet was filed for the offence punishable under Section 124 of the said Act of 1951 and Section 52 of the said Act of 1988.;


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