Vishal Laxman Shinde v. The State Of Maharashtra And Others

1 wp 2689.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2689 OF 2020 Vishal Laxman Shinde .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Tukaram M. Venjane, Advocate for the Petitioner. Shri S. G. Karlekar, A.G.P. for the Respondent Nos. 1 to 6. CORAM :

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

DATE :

04TH MARCH 2020.

FINAL ORDER :

.

We have heard Mr. Venjane, the learned advocate for the petitioner and the learned Assistant Government Pleader for respondents.

2.

The vehicle of the petitioner has been seized by the police authorities. The learned A. G. P. on instructions confirms that FIR has not been lodged. The fine and penalty is imposed for an amount of Rs. 3,21,500/- on the vehicle. The fine imposed is of Rs. 2,00,000/-.

3.

Considering the fact that, FIR has not been lodged, we pass following order.

4.

The respondents shall release the vehicle sized from the

2 wp 2689.20 petitioner under panchanama dated 14.01.2020. The respondents may get the bond executed from the petitioner to their satisfaction. The petitioner shall deposit an amount of Rs. 1,00,000/- (Rs. One Lac only) with the respondent No. 02/Tahsildar, Kallamb. The deposit of amount is without prejudice to the rights and contentions of the parties and subject to the decision that may be taken in appeal that may be filed by the petitioner. The respondents may confirm the ownership of the petitioner and verify the genuineness of the documents. In case the petitioner does not file appeal within thirty (30) days, then the respondents are entitled to recover the amount and repossess the vehicle.

5.

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

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