DASRATHLAL GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has filed this Revi- sion Application being aggrieved by the order passed by the learned Metropolitan Magistrate, 21st Court, Sandra, Bombay, directing ;the petitioner to execute a bond for Rs. 8000/ with one surety for return of the car to him.

(2.) The accused in this case is charged under Section 66(b) of the Bombay prohibition Act. An Ambassador Car No. MRX 5720 belonging to the petitioner was seized by the Police. It is the petitioner's cast- that the said car was given by him to one Balaram as; he wanted to bring his mother who was seriously ill from Bombay. Motor car was directed to be returned to the petitioner on his executing a bond of Rs. 8,000/ with one surety.

(3.) It is an admitted fact that the petitioner is not arrested for any offence under the prohibition Act either for having committed an j offence or as an abetter. In this view of the matter, I pass the following order : A. Rule absolute, Order dated 9, 6 1980 passdd by the learned Metropolitan Magistrate, 21 st Court, Bandra, Bombay, set aside. Motor Car No. MRX 5720 should be returned to the petitioner on executing a personal bo:nd in the sum of Rs. 8,000/-. The petitioner shall produce the motor car whenever required and not to remove the motor car out of Greater Bombay without the permission of the trial Court.