Mohammad Imran S/O Mohammad Zafar v. State Of Maharashtra, Through Secretary, Transport Department, Mumbai And Another

wp231-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Criminal Writ Petition No.231 of 2015 Mohd. Imran s/o Mohd. Zafar -Vrs.- The State of Mah. through Secretary, Transport Dept. Mantralaya, Mumbaiand 1 other.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

______________________________________________________________________________ Shri T.H. Bewali, advocate for petitioner.

Mrs. Jachak, APP for respondent Nos. 1 to 4.. CORAM : A.B.CHAUDHARI AND P.N. DESHMUKH, JJ.

DATED : 13 th APRIL, 2015 Learned APP submits that since the licence of the petitioner related to the LMV, the truck was not released though she admitted that the present petition is the owner of the truck which is in the custody of the respondent. Shri Bewali, the leaned counsel for the petitioner submits that the truck is owned by the petitioner and even if any offence, according to the respondents, has been committed the respondents may take such action as is available in law but the truck cannot be detained due to which the petitioner is suffering business losses.

In view of above submissions, we are satisfied that the petitioner being owner of the truck in question is required to be given that truck on supratnama. We direct the

wp231-15.odt respondents to release the truck in one week from the date of this order since the ownership has been admitted by the respondents.

Criminal Writ Petition No. 231/2015 is disposed of with the above direction.

JUDGE JUDGE Hirekhan