(1.) RULE by consent, rule made returnable forthwith. The petitioner's application for return of Maruti car belonging to him has been rejected by the Metropolitan Magistrate, 21st Court, Bandra, on 19-7-1996.
(2.) THE car came to be attached by the Excise Department when it was found transporting Liquor by the driven Krishna Raju Poojari on 31-1-1996. The Excise Department opposed restoration of the custody of the car to the petitioner relying upon the judgment of Nagpur Bench this Court dated 12-4-1994 in Criminal Application No.156 of 1993 (Sambre, J.).
(3.) I have heard both sides.