Shanu Uttamrao Rangari v. State Of Maha., Thr. Secretary, Revenue And Forest Dept., Mumbai And Others

(1) 937wp2058.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2058 OF 2022 Shanu Uttamrao Rangari Vs. The State of Maharashtra and ors --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Raju Kadu, Advocate for Petitioner Mr. N.R.Rode, AGP for the respondent Nos. 1 to 4 CORAM :

AVINASH G. GHAROTE, J.

DATE : 11/08/2022 Heard Mr. Kadu, learned counsel for the petitioner and Mr. Rode, learned AGP for respondents. 2] The spot panchnama dated 1.2.2022 (page

29) indicates that the truck in question was empty and was merely standing at the sand ghat which is a ground for its seizure under Section 48(8) of the MLR Code. 3] It is contended by learned AGP for respondents that there was no reason whatsoever why the truck in question was found standing empty on the spot and the only conclusion which would be drawn was that the said truck was intending to commit the illegal act of transporting sand.

4] A perusal of Section 48(8) of the MLR Code would indicate that such an action is not covered by the language, which contemplates a post facto applicability

(2) 937wp2058.22 of the provision. That being the position, the impugned order which seizes the vehicle under Section 48(8) of the MLR Code merely for having been found standing empty at the sand ghat cannot be sustained. The same is accordingly quashed and set aside and the respondent is directed to forthwith release the vehicle to the petitioner. 5] The petition is allowed in above terms. No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: