ASHOK MADANLAL UPADHAYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ADMIT. Mr. Mirza, the learned A. P. P. for the respondent waives notice on behalf of the respondent.

(2.) BY consent of the learned counsel for the parties the matter is taken up for final hearing.

(3.) BY this application under section 482 of the Code of Criminal Procedure, the applicant takes exception to the Judgment and order dated 19. 05. 2004 passed by the Second additional Sessions Judge, Bhandara in criminal Revision Application No. 15/2004 dismissing the revision filed by the applicant against the order dated 19. 03. 2004 passed by the Judicial Magistrate, First Class, Sakoli. The applicant is the owner of the Truck bearing no. MH-35-1430. According to the applicant, the said Truck was given on hire to one ghanshyam Agrawal and on 25. 02. 2004 the truck was intercepted and seized since 62 bags of Mohwa Flower weighing of 3570 killos were found in the Truck. The said Truck was seized by the Police in the course of investigation. An application moved for release of the Truck by the applicant who is the owner of the vehicle was dismissed by the Judicial Magistrate, First class, Sakoli by order dated 19. 03. 2004. The applicant preferred Revision Application bearing No. 15/04 which was also dismissed by the Judgment and Order dated 19. 05. 2004 passed by the Second Additional Sessions judge, Bhandara. The applicant has approached this Court invoking section 482 of the Code of Criminal Procedure.