Naresh Yadavrao Tadpalliwar v. State Of Mah., Thr. Pso Ps Mukudban Tq Zari Dist Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.560/2019 Naresh Yadavrao Tadpalliwar and anr ..vs..

State of Mah., thr. PSO PS Mukudban, Taluka Zari, District Yavatmal ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri V.N.Morande, Counsel for Applicants.

Shri J.Y.Ghurde, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : SEPTEMBER 11, 2019.

1.

Heard learned counsel Shri V.N.Morande for applicants and learned Additional Public Prosecutor Shri J.Y.Ghurde for the State. Also, perused reply filed on behalf of the State.

2.

One Nitin Gajanan Gore, Sarpanch of village Mangali, lodged a report with Mukudban Police Station, District Yavatmal that on 16.7.2019 when proceeding towards Taluka Zari, he noticed a vehicle having registration No.MH-34/AA/9691. The said vehicle was checked by the said informant. The vehicle was stopped by driver and on inspection made by the first informant, he found liquor stock in the same. Person driving the vehicle is applicant No.2, the driver of applicant No.1. The said vehicle belongs to applicant No.1.

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3.

As per reply, applicant No.1 is having criminal antecedents inasmuch as offences, under Sections 93 and 65(e) of the Maharashtra Prohibition Act, are registered against him.

4.

Be that as it may, in view of order passed by this Court (Coram : Manish Pitale, J.) on 13.8.2019, applicants have attended the police station. Reply specifically states about the same and the said vehicle is also seized. 5.

Looking to the fact that applicants have already joined investigation and the said vehicle in question is already seized, in my view, the present application can be considered favourably. Consequently, following order is passed:

ORDER

(i) The criminal application is allowed.

(ii) In the event of arrest of applicant No.1-Naresh Yadavrao Tadpalliwar and applicant No.2-Josef Raju Dhawale, in connection with Crime No.116/2019 registered with Mukudban Police Station, District Yavatmal for offences under Sections 65(a)and 65(e) of the Bombay Prohibition Act, applicants be released on bail on they executing a P.R.Bond in the sum of Rs.25,000/- by each of them with one solvent surety of the like amount by each of them. (iii) Applicants are directed to attend the police station from .....3/-

19.9.2019 to 25.9.2019 and shall be with Investigation Officer from 11:00 a.m. to 5:00 p.m..

(iv) With this, the criminal application is disposed of accordingly.

JUDGE !! BRW !!

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