Sagar Ramkishan Pardeshi v. The State Of Maharashtra And Others

1 wp 7629.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7629 OF 2019 SAGAR RAMKISAN PARDESHI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Girish Kulkarni h/f. Mr. Khairnar Vinod S AGP for Respondents : Mr. S. P. Deshmukh ...

CORAM: S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE:

th JUNE, 2019 PER COURT:

1.

Issue notice to respondents. The learned A.G.P. accepts service of notice for the respondents and submits that the petitioner has a remedy of appeal.

2.

We are considering the present petition to the extent of release of vehicle. As far as fine and penalty is concerned, the petitioner is at liberty to avail the remedy of appeal.

3.

The vehicle of the petitioner is seized under

2 wp 7629.19 the panchanama dated 14.04.2019 by the Circle Officer. The Circle Officer does not have power to seize the vehicle as per the provisions.

4.

Considering the above, we pass the following order.

5.

The respondents shall release the vehicle of the petitioner seized under the Panchanama (Exhibit B, Page No. 14) after verifying the documents and the ownership of the petitioner. The respondents may also take bond to their satisfaction before release of the vehicle.

6.

The writ petition is disposed of accordingly. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] marathe