S R CHITNIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The submissions of the learned counsel appearing for the parties were heard on the last date. By this petition under Article 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the said Code), the petitioner has taken an exception to the order dated 29th October 2001 passed by the learned Special Metropolitan Magistrate, Esplanade, Bombay.

(2.) According to the case of the respondent, the petitioner committed an offence punishable under section 120 of the Bombay Police Act, 1951 (hereinafter referred to as the said Act of 1951). The allegation made against the petitioner is that without satisfactory excuse he wilfully entered a prohibited area of Mumbai Port Trust on 25th October 2001. An order was passed by the learned Special Metropolitan Magistrate on 29th October 2001 recording that the petitioner was absent and bail deposit stands forfeited. The learned Magistrate further directed that the proceeding was stopped under section 258 of the said Code.

(3.) According to the case of the petitioner, on 25th October 2001 he was proceeding in a car alongwith his nephew who was holding a valid permit to enter the alleged prohibited area of the Mumbai Port Trust. As the petitioner was not possessing a valid permit, the concerned Officer of the Yellow Gate Police Station, Bombay made the petitioner to deposit a sum of Rs.5,000/-. According to his case, on the very day he addressed a letter calling upon the Senior Inspector of Police of Yellow Gate Police Station to furnish him a copy of notification issued under the relevant law under which the amount of Rs.5,000/- was collected.