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Bombay High CourtWP/6810/2021disposed off

Mohammed Alam Shakir Ali v. The State Of Maharashtra And Another

2021-07-16Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

(1) 1075-wp-6810-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1075 WRIT PETITION NO.6810 OF 2021 MOHAMMED ALAM SHAKIR ALI ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER..RESPONDENTS ...

Mr. Sagar S. Phatale, Advocate for the Petitioner. Mr. P. G. Borade, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 16th JULY, 2021.

PER COURT:- 1.

It is submitted that the vehicle is seized by the Police Authority. No F.I.R. has been lodged. Penalty of Rs.7,50,000/- (Rs.Seven Lakhs Fifty Thousand Only) have been imposed upon the petitioner.

2.

The Police Authority could not have seized the vehicle. No F.I.R. has been lodged against the petitioner.

3.

In light of that, respondents shall release the vehicle seized from the petitioner after confirming the ownership of the petitioner and verifying the genuineness of the documents, so also confirming the vehicle involved. The petitioner shall deposit an amount of Rs.2,50,000/- (Rs.Two Lakhs Fifty Thousand Only) with respondents. The same shall be without prejudice

(2) 1075-wp-6810-2021 to the rights and contentions of either parties and subject to the decision in Appeal. The respondents can also get the bond executed from the petitioner to their satisfaction.

4.

In case, the petitioner does not file an Appeal against the imposition of penalty within a period of one month from today, the respondents at liberty to recover the entire amount of penalty. 5.

Writ Petition is disposed of. No costs.

(R. N. LADDHA) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/July-2021