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Bombay High CourtWP/1441/2021disposed off

Ajinath Santaram Raut v. The State Of Maharashtra

2022-02-02Hon'Ble Shri Justice R. G. Avachat2 pages

Cri. W.P. No.1441/2021 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1441 OF 2021 Ajinath Santaram Raut ... PETITIONER

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. C.C. Deshpande, Advocate holding for Mr. C.R. Deshpande, Advocate for petitioner Mr. S.P. Sonpawale, A.P.P. for respondent - State .......

CORAM :

R. G. AVACHAT, J.

DATE :

2nd FEBRUARY, 2022 PER COURT :

Heard. The tractor and trolley were seized as found to have been involved in unauthorised transportation of sand. The Court below has passed order to release the tractor in favour of the petitioner herein, but not the trolley. Admittedly, both the vehicles were seized from the custody of the petitioner herein.

2.

It is informed that, the trolley has not been registered. According to learned counsel for the petitioner, unless he takes the trolley before the registering authority, it cannot be registered. Since the trolley has been seized from

Cri. W.P. No.1441/2021 :: 2 ::

the custody of the petitioner herein, the same be restored to his possession as an interim measure, on conditions to be imposed by the learned Magistrate. The petitioner shall not ply the trolley unless it is registered. The petitioner shall place on record registration certificate before the Court of learned Judicial Magistrate, First Class within a period of four weeks from the date of release of the trolley. 3.

Criminal Writ Petition is allowed accordingly. ( R. G. AVACHAT ) JUDGE fmp/-