DNYANESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the applications and the writ petition relate to the return of tractors, trolley and JCB Machine under Section 457 of the Code of Criminal Procedure, and in all the matters the order passed by learned Judicial Magistrate, First Class, is under challenge, and therefore, they are decided by this common order.

(2.) In Writ Petition No.1259 of 2020 the petitioner intends to invoke the Constitutional powers of this Court under Article 226 and 227 of the Constitution of India to challenge the order passed by learned Judicial Magistrate, First Class, Georai Dist. Beed, dated 17- 08-2020, in Misc. Criminal Application No.308 of 2020. The present petitioner had filed the application for return of the tractor seized in Crime No.270 of 2019, under Section 379 of Indian Penal Code. The police had seized tractor bearing No.MH-21-AN-2858 belonging to the petitioner. It was contended by the prosecution that the said tractor has been used in illegal excavation of sand of about 130 brass valuing Rs.1,82,000/-. The First Information Report has been lodged by Talathi, Georai. Though the application came to be allowed, a condition has been imposed by learned Judicial Magistrate, First Class, Georai to release the tractor on execution of indemnity bond of Rs.10 Lakh and also the penalty that would be imposed by Tahsildar. The condition regarding deposit of fine/ penalty has been challenged in the writ petition.

(3.) In Application No.1677 of 2020 also the Tractor No.MH-22-AD- 2434 with Trolley No.MH-22-AM-4906 came to be seized by Police Station Palam Tq. Palam Dist. Gangakhed, and in Application No.1695 of 2020 the JCB Machine having No.MH-22-AM-5048 came to be seized by Police Station Gangakhed Tq. Gangakhed Dist. Parbhani, under Section 379 of Indian Penal Code and Section 48 (7) (8) of the Maharashtra Land Revenue Code read with Section 15 of the Protection of Environment Act. Both the applications have been allowed by Judicial Magistrate, First Class, Palam and Judicial Magistrate, First Class (Court No.1), Gangakhed respectively on 10- 09-2020 and 04-09-2020. However, in both the applications a condition has been imposed to both the applicants that those orders are without prejudice to the powers of Executive Magistrate to proceed pursuant to the provisions of Section 48 of the Maharashtra Land Revenue Code and Mines and Minerals Act . It is also mentioned that, until the remedies under the said Act are exhausted, the tractor, trolley and JCB shall not be returned. Therefore, these conditions have been challenged by the applicants in the respective applications by invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure.