Manoharsing Gendasing Rajput v. State Of Mah. Thr. Collector Buldhana And 3 Others

62revn79.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL REVISION APPLICATION NO. 79/2022 Manoharsing Gendasing Rajput..Versus...State of Maharashtra and ors - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. V.B.Bhise, Advocate for applicant Mr. A.R.Chutke, APP respondents.

CORAM : AVINASH G. GHAROTE, J.

DATE : 02/05/2022 1] Heard Mr. Bhise, learned counsel for the applicant and Mr. Chutke, learned APP for respondents.

2] The application challenges the order dated 30.8.2021 passed by Respondent No.1 (pg 28) to the extent that it directs the confiscation of the vehicle which was found transporting the rice, bearing No. MH-18 AA-5936 and its release upon deposit of the market value of the vehicle, upon failure, to auction the vehicle and deposit the auction amount with the respondent. The Appellate Court by the judgment dated 25.10.2021 has dismissed the appeal.

3] Mr. Bhise, learned counsel for the applicant by placing reliance upon Syed Kadir Syed Isaq vrs. State of Maharashtra, 2014 All MR (Cri.) 1704, submits that instead of depositing the market value of the said vehicle, it is permissible to furnish a solvent surety to the extent of the

62revn79.22.odt value of the vehicle. By inviting my attention to the communication dated 5.10.2021, he submits that the Tahsildar, Jalgaon Jamod has pegged the market value of the vehicle as Rs. 3,30,000/- and the applicant is willing to furnish the solvent surety for the same.

4] Learned APP has no objection if the solvent surety is furnished, subject to the condition that the vehicle shall not be transferred and shall be produced before the authority as and when required, considering which the order of the learned Collector dated 30.8.2021 in so far as it directs the deposit of the market value of the vehicle and the judgment in appeal dated 25.10.2021 are hereby set aside and the vehicle is directed to be released in favour of the applicant, upon his furnishing solvent surety to the tune of Rs. 3,30,000/- to the satisfaction of the authority, on the condition that the applicant shall not create any third party interest, nor transfer the vehicle to anyone whomsoever, nor shall use the said vehicle for any illegal purpose and shall produce the said vehicle as and when required before the authorities. 5] The application is accordingly allowed in the above terms.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: