SHAIKH YUNUS S/O SHAIKH AJIJDADA Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Shaikh Yunus S/O Shaikh Ajijdada
STATE OF MAHARASHTRA
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V.L. Achliya, J. -
(1.) Rule. Rule, made returnable forthwith. By consent, heard finally at the stage of admission.
(2.) By present application filed under section 482 of the Code of Criminal Procedure the petitioners herein have challenged the order dated 10th April, 2017 passed by the Collector Aurangabad. By the impugned order the Collector has directed to release the Truck in question in favour of the petitioner No.1 on furnishing Bank guarantee in the sum to the extent of 50% of estimated value of the Truck. By the same order the learned Collector, Aurangabad has ordered the sale of rice seized, by public auction and deposit sale proceeds in the Account of State Government. Being aggrieved, the petitioners have preferred this application.
(3.) Before adverting to appreciate the submissions advanced, it is useful to consider few facts leading to filing of present application. On 20th July, 2016, on receipt of information from its sources that the rice meant for distribution through public distribution system is being taken to Gujarat for sale in open market in a Truck bearing registration No. MH20CT 1579, the officer in charge of the Police Station, MIDC CIDCO, Aurangabad intercepted the said Truck in squestion. Driver and Cleaner of said truck failed to provide satisfactory answer to query made to them.
Hence, the truck was brought to police station and the offence under section 3 and 7 of the Essential Commodities Act, came to be registered against petitioners Nos. 1 and 2 and two other persons. The goods i.e. Rice lying in the trucks was unloaded in the Government godown. Petitioner No.1 who claims to be owner of the truck, filed application under section 457 of the Code of Criminal Procedure before the Court of Sessions at Aurangabad for interim custody of said Truck. Learned Additional Sessions Judge, Aurangabad vide order dated 31.8.2016 rejected the application by observing that under the provision of the Essential Commodities Act, 1955 the Collector alone holds an authority to release the vehicle in question. Being aggrieved, petitioner approached to Collector, Aurangabad, seeking custody of truck. Learned Collector passed the order as referred above. Being aggrieved, the petitioners have preferred this application.;
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