USA CABLE NETWORKS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have pressed for three broad reliefs by way of this petition under Article 226 of the Constitution of India. The first relief is to quash F.I.R. No. II-106/10 dated 6th July, 2010 registered at Central Police Station, Ulhasnagar, District Thane. The second relief is to direct respondent No. 3 to forthwith remove the seal put by the Central Police Station, Ulhasnagar, on the control room of the petitioners on 6th July, 2010. The consequential relief claimed by the petitioners is to direct respondent No. 3 to compensate the petitioners in the sum of Rs.1

(2.) Insofar as the second relief is concerned, the petitioners had simultaneously moved the lower Court for the same relief. It is not in dispute that the lower Court has allowed the said application preferred by the petitioners and directed the local police to forthwith remove the seal put on the control room of the petitioners. That order was passed on 18th January, 2011. Accordingly, it is common ground that the seal on the control room has now been removed on 20th January, 2011. In that sense, the second relief does not survive for consideration. However, on the basis of plea regarding wrongful sealing of the control room and in any case, unauthorised continuance of sealing of the control room on and after 25th September, 2010 till it was removed on 20th January, 2011, the petitioners are entitled for compensation. This is the third relief claimed by the petitioners.

(3.) Insofar as power of seizure of equipments used for operating the cable television network by the local police is concerned, the same flows from Section 11 of the Cable Television Networks (Regulation) Act, 1995. Section 11 reads thus:-