Satish Purushottam Deshmukh v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 601 OF 2020 Satish Purushottam Deshmukh .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Kalyan Patil, Advocate h/f Shri A. B. Kharosekar, Advocate for the Petitioner.

Shri S. G. Karlekar, A.G.P. for Respondent Nos. 1 to 5. CORAM :

S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE :

25TH FEBRUARY, 2020.

FINAL ORDER :

.

The learned counsel for the petitioner submits that, the vehicle of the petitioner is seized under panchanama dated 06.01.2019 by the Circle Officer. He had no authority and power on the relevant date.

2.

We have also heard the learned Assistant Government Pleader for respondents/State.

3.

The petitioner is also issued with the notice of fine and penalty. As far as fine and penalty is concerned, the petitioner may avail the remedy of appeal.

4.

The respondents shall release the vehicle of the petitioner seized under panchanama dated 06.01.2019 after confirming the

2 wp 601.20 ownership of the petitioner and the genuineness of the documents. The respondents may get the bond executed from the petitioner to their satisfaction. The petitioner shall deposit the amount of Rs. 1,50,000/- (Rs. One Lac Fifty thousands only) with the respondents. The said deposit would be without prejudice to the rights and contentions of the parties and subject to decision in appeal.

5.

In case the petitioner does not file appeal within a period of 30 days from today, then the respondents are entitled to recover the amount, so also repossess the vehicle.

6.

In view of the above, the writ petition is disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/Feb. 20