Vyankti Aaparao Jadhav v. The Additional Collector And Others

2024:BHC-AUG:3297-DB 1740.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1740 OF 2024 VYANKTI AAPARAO JADHAV

VERSUS

THE ADDITIONAL COLLECTOR AND OTHERS ....

Mr P. S. Anerao, Advocate for Petitioner;

Mr S. B. Narwade, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 13th February, 2024 PER COURT:

1.

The Petitioner is the owner of several vehicles, which are frequently seized for committing offences. Two offences were registered against one vehicle bearing Registration No.MH-26BE-4945, which is the subject matter of Writ Petition No.14740/2023. Yet another vehicle bearing Registration No.MH-26-BE-5600 is apprehended in an offence which is the subject matter of this Writ Petition.

2.

The learned A.G.P. vehemently opposed this Petition, contending that, these vehicles are owned by the same Petitioner. They are being used for committing offences. No misplaced sympathy can be shown towards the Petitioner. Time and again, his vehicles are seized and he gets away by depositing 50%

1740.24wp (2) amount. Once the vehicle is released, it is again used for committing offences.

3.

The learned Advocate for the Petitioner submits on instructions that, in this case, the penalty is Rs.2,63,000/- and he is willing to deposit Rs.2,00,000/- with the Additional District Collector, Nanded, before whom, his Appeal is still pending. 4.

In view of the above, this Writ Petition is disposed off, with liberty to the Petitioner to move an application for releasing of the vehicle, bearing Registration No.MH-26-BE-5600 on the condition that he shall deposit a Demand Draft of Rs.2,00,000/- with the Additional District Collector, Nanded. The Additional District Collector would consider the said application and may impose such conditions, as deemed appropriate and may pass a conditional order releasing the vehicle, bearing Registration No.MH-26-BE-5600, after the amount is deposited. 5.

We make it clear that, it is in the peculiar facts and circumstances of this case, that we have entertained this Petition and this order shall not be cited as a precedent. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk Signed by: Sachin J Kulkarni Designation: PA To Honourable Judge Date: 15/02/2024 16:03:56