LAWS(BOM)-2013-12-28

HASANKHAN Vs. STATE OF MAHARASHTRA

Decided On December 04, 2013
Hasankhan Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Mr. M.H. Shaikh, the learned Counsel for the petitioner. Heard Mr. S.R. Palnitkar, the learned Additional Public Prosecutor, for the respondents.

(2.) Rule. By consent, Rule is made returnable forthwith. By consent, heard finally.

(3.) The petitioner is the accused no.3 in Crime No. II-49/2012, registered at Police Station, Gangapur [District : Aurangabad], in respect of the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. Food grains - i.e. wheat - weighing 127 quintals came to be seized by the Police from a truck. Admittedly, the wheat belongs to the petitioner. The petitioner applied to the Magistrate for the return of the seized wheat, but the application was rejected by the Judicial Magistrate (First Class)(2nd Court), Gangapur. The petitioner challenged the order of the Magistrate by filing a Criminal Revision Petition in the Court of Sessions, but the learned Additional Sessions Judge, Vaijapur, who heard the revision, dismissed it with costs, vide order dated 11-9-2013.