KHUSHAL DHANJI GADA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 16 tankers came to be attached by the Officers of the Rationing Department on 26-7-1996, near petrol pump at Taloja, District _ Raigad, on suspicion that the tankers filled with petroleum liquid was adulterated. In that connection, offence CR. No.89/96 is registered at the Taloja Police Station under Sections 3, 7 and 8 of the Essential Commodities Act, 1955 and sections 407, 411 and 420 of the Indian Penal Code. Out of 16 tankers, 11 were already ordered to be returned to the persons to whom they belonged. That order is passed in Cri.Application No.3528 of 1997.

(2.) A similar request is made on behalf of the petitioners for return of remaining 5 tankers. It is not disputed that the tankers were empty when seized. Thereafter, in Criminal Application No.3528 of 1997, Commissioner was appointed by this Court, by name Shri Mahimkar to inspect the said tankers and submit his report about their condition. As such, Shri Mahimkar, Court Sheristedar, inspected those tankers on 22nd December 1997 and submitted his report, stating that many parts of the tankers are removed/stolen away and tankers are in damaged condition. In these circumstances, I find that those five tankers should also be directed to be returned to the petitioners on their executing bond in the sum equal to the value of the tankers to be returned, and on condition that they shall produce the said tankers as and when required by any authority.

(3.) Accordingly, this application is allowed. The 5 tankers in question are ordered to be returned to the petitioners on their executing bond in the sum equal to the value of the tanker, on condition that they shall produce the said tankers as and when required by any authority, for any purpose whatsoever.