LAWS(BOM)-2008-9-216

BHAURAO PUNJABRAO GAWANDE Vs. STATE OF MAHARASHTRA

Decided On September 30, 2008
BHAURAO PUNJABRAO GAWANDE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard.</Jpara> <Jpara>[2] Returnable forthwith. Heard finally by consent of parties.

(3.) During the course of such transportation of petroleum products, offences under the provisions of Essential Commodities Act have been registered at various Police Stations against the petitioner, his drivers, cleaners, the consignor/consignee of the petroleum products. In some of the offences, charge-sheets are filed and some offences are still under investigation. The petitioner was also served with a notice of externment under section 59 of the Bombay police Act by the Assistant Commissioner of police, Sitabuldi Division, Nagpur. However, subsequently the said action was dropped.

(4.) According to the petitioner after the petitioner was remanded to Magisterial custody, instead of lodging him in Central prison, the Investigating Agency carried him to the office of Deputy Commissioner of police-II, Civil Lines, Nagpur (respondent no. 3 ). The petitioner was severely beaten by respondent No. 3. The petitioner was threatened to be implicated in several false cases. Proceedings under section 107 and 110 of the Code of Criminal Procedure were also initiated against the petitioner. The petitioner was carried to Central Prison, Nagpur by midnight. The petitioner had shown the injuries on his person to the jail authorities.