STATE OF MAHARASHTRA Vs. SHAMSUL HAQUE MOHAMMAD IDRIS

JUDGEMENT

(1.) THE petitioners are challenging the correctness, propriety and legality of the order which has been passed by the Special Judge for Greater Bombay while deciding Misc. Application No. 325 of 1996 filed in case No.ECA. Spl. 40 of 1996, by which the learned Judge returned the truck bearing No. MMP- 1939 along with its original documents to respondent Shamsul Haque Mohammad Idris on furnishing indemnity bond of Rs.1,50,000/- in favour of Commissioner of Police, Greater Bombay, on requisitestamp paper on usual terms and conditions along with a P.R. bond in the like amount.

(2.) SHRI Shringarpure vehemently argued and submitted that the said truck was carrying cement buoys, which were not up to the standard but representing the trade marks of reputed companies with intention of selling them to ignorant and non careful customers. He submitted that by the said act, the original accused has committed the offence punishable under Essential Commodities Act. For that purpose this truck was used for transoporting. He submitted that when it was so, the said truck should not have been handed over back to the applicant.