PRAVEEN JAYANTILAL BHANSALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners are doing the business of transporting petroleum products by their tankers which are described in paragraph 1 of the petition. These tankers were on hire with M/s.Saroj Petrochem Industries Private Ltd., MIDC, Turbhe, Thane. On 12th March 1996 these tankers were parked on Thane Turbhe road about one and half kilometers away from the factory of the said company. The officers of rationing department raided the factory of Mr.Naresh Nagarani styled as Thane Poly Organic Private Ltd. and amongst other tankers the tankers of the petitioners also came to be seized.

(2.) A case is registered against Thane Poly Organic Private Ltd. at CR No.29 of 1996. These tankers were directed to be released in favour of the petitioners by the Special Judge before whom the case was to be filed. However, the State preferred Revision Application No.124 of 1996 wherein that order passed by the Special Judge has been stayed by this Court. Thereafter the competent authority viz., the Collector of Thane also directed delivery of these tankers to the petitioners without any condition. Against the order of the Collector, who is the competent authority, an appeal was preferred before the Minister in charge of the folio by the police department. However, the Minister confirmed the order of the Collector.

(3.) THIS petition is for return of the tankers on such conditions as may be deemed fit by this Court.