RAMDAS MAHADEO PACHGADE Vs. POLICE STATION CHAMORSHI

JUDGEMENT

(1.) RULE. Heard, by consent rule is made returnable forthwith.

(2.) THE petitioner is shown as accused in Miscellaneous Criminal Case No. 165/2002 pending on the file of the Judicial Magistrate, First Class, Gadchiroli. He is registered owner of the vehicle bearing Registration No. MH-33/a-403. The vehicle is a new Mahindra Bolero approximate value Rs. 4. 50 lakhs, which has been seized in Crime No. 140/2002 by the respondent. The main offence is under sections 382, 325, 143, 147, 148 and 149 of the Penal Code read with sections 66 (i) (b) of the Bombay Prohibition Act and 3/25 of the Indian Arms Act.

(3.) THE petitioner had filed an application for release of the vehicle before the trial Court and the said application was rejected on the footing that the applicant was a habitual offender and the vehicle in question had been used by him in the previous offence.