Ramchandra Ambadas Dalavi v. State Of Maharashtra

by PALLAVI MAHENDRA WARGAONKAR Date:

2024.01.20 15:24:55 +0530 27-IA-132-2024.doc PALLAVI MAHENDRA WARGAONKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.132 OF 2024 (E-FILING) IN CRIMINAL REVISION APPLICATION (ST) NO.24155 OF 2023 Ramchandra Ambadas Dalavi ...Applicant vs.

State of Maharashtra and Anr.

...Respondents

***** Mr. Rahul S. Kadam, Advocate for the Applicant. Mr. H.J. Dedhia, APP for State.

***** CORAM :

S. M. MODAK, J.

DATE : 18th JANUARY 2024 P. C. :- 1.

Heard learned Advocate Shri Kadam for the Applicant - Accused. 2.

He is prosecuted for the offence under the provisions of the Essential Commodities Act, 1955. His truck was seized and there was allegation that he was transporting 'Wheat', the Collector, Pune as per order dated 11th March 2022, gave the following two directions:- (i) To sell the Wheat by way of public auction and deposit the amount in the Government Treasury.

(ii) The truck be returned to the Applicant on furnishing Bank guarantee after valuation is done (page 85).

3.

Applicant has filed a Writ Petition before this Court. It is for quashing as well as for return of the seized truck. Quashing was not allowed, however, the Applicant was granted liberty to apply before the Pallavi 1/2

27-IA-132-2024.doc concerned Court. The order is not annexed. Let it be placed on record on the next date.

4.

When the Applicant applied before the Court of J.M.F.C., Indapur, the prayer was rejected as per order dated 25th July 2023 (page 95). The legality of the said order is challenged by way of revision. 5.

There is delay in filing Revision Application. It is opposed by the learned APP. For the reasons stated in the application, delay is condoned. 6.

Interim Application is disposed of.

7.

All objections about maintainability of this revision before this Court is kept open.

[S. M. MODAK, J.] Pallavi 2/2