High Court
Legal Reasoning
Cri-**WP-1459,1460-24-Jud.odtIN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1459 OF 2024Ajay Sunil ChavanAge- 31 Years, Occu. Business,R/o. Near Radhakrushna TempleFegane, Tq Dist. Dhule… PETITIONER VERSUS1.The State of MaharashtraThrough Police Station, NashirabadTq. Dharangaon, Dist. Jalgaon,Through its Police Inspector 2.Sub-Divisional Officer, JalgaonTq and Dist. Jalgaon3.Tahsildar Jalgaon (Supply),At Jalgaon, Tq and Dist. Jalgaon … RESPONDENTS AND CRIMINAL WRIT PETITION NO. 1460 OF 2024Nilesh Namdeo MusaleAge- 44 Years, Occu. Business,R/o. Gannbappa Nagar Dharangaon,Tq. Dharangaon, Dist. Jalgaon… PETITIONER VERSUS1.The State of MaharashtraThrough Police Station, NashirabadTq. Dharangaon, Dist. Jalgaon,Through its Police Inspector 1 of 13 (( 2 )) Cri-**WP-1459,1460-24-Jud2.Sub-Divisional Officer, JalgaonTq and Dist. Jalgaon3.Tahsildar Jalgaon (Supply),At Jalgaon, Tq and Dist. Jalgaon … RESPONDENTS .…Mr. Ajay G. Talhar, Advocate for the Petitioners Ms Chaitali Chaudhari – Kutti, APP for the Respondents in CriminalWrit Petition No.1459 of 2024Ms Ashlesha S. Deshmukh, APP for the Respondents in Criminal WritPetition No.1460 of 2024 .…CORAM: Y. G. KHOBRAGADE, J.RESERVED ON PRONOUNCED ON ::04.03.202527.03.2025JUDGMENT :- 1. Rule. Rule made returnable forthwith and with consentof the parties, heard finally at the stage of admission.2.In Writ Petition No. 1459 of 2024, the Petitioner, who isowner of truck bearing MH-18/BZ-1039, put forth prayer clauses (C)and (D), as under:-“(C)By appropriate writ order or direction, the Order dated24.04.2024 passed by the Additional Session Judge in AppealNo.11 of 2024 may kindly be quashed and set aside qua to thepart of clause No.3 i.e. directing to execute surety bond to thesatisfaction of SDO Jalgaon. 2 of 13
Legal Reasoning
(( 3 )) Cri-**WP-1459,1460-24-Jud(D)By appropriate writ order or directions, Order dated22.05.2024 passed by the Sub-Divisional Officer Jalgaon maykindly be quashed and set aside.”3.In Writ Petition No.1460 of 2024, the Petitioner, owner ofthe commodities, put forth prayer clauses (C) and (D), as under:-“(C) By appropriate writ order or direction, the Order dated24.04.2024 passed by the Additional Session Judge in AppealNo.10 of 2024 may kindly be quashed and set aside qua to thepart of clause No.3 i.e. directing to execute surety bond to thesatisfaction of SDO Jalgaon.(D)By appropriate writ order or directions, Order dated22.05.2024 passed by the Sub-Divisional Officer Jalgaon maykindly be quashed and set aside.”4.In both these Petitions, on 04.10.2023, Crime No.0171 of2023 is registered with Nashirabad Police Station, District Jalgaon, forthe offence punishable under Sections 3, 7 of the EssentialCommodities Act. The Police Head Constable Mr. Suraj MadhukarPatil, lodged the report that, on 04.10.2023 at about 9.24 p.m., heconducted raid after receiving the information from reliable sourcesabout purchase of 302 quintal rice, which is made for public supplyby the petitioner from Balaji Traders under invoice No.465 and beingtransported 550 bags rice to Bamleshwari Rick Sortex, Gondia, ingoods carrier vehicle No.MH-18/BZ-1039, therefore, said truck was 3 of 13 (( 4 )) Cri-**WP-1459,1460-24-Judintercepted and confiscated by the Sub Divisional Officer underSection 6A(2)(i) of the Essential Commodities Act, 1955 vide orderdated 25.01.2024 and directed the Tahsildar to deposit saidcommodities in the Government godown. It is also directed theTahsildar to recover the value of truck as a fine for release of thetruck and to deposit with the Government.5.Being aggrieved by the said order, Mr. Nilesh NamdeoMusale, the owner of the commodities, filed Criminal Appeal No. 10of 2024, whereas Mr. Ajay Sunil Chavan, the owner of Truck filedCriminal Appeal No.11 of 2024 under Section 6C of the EssentialCommodities Act before the Sessions Court, Jalgaon. 6.On 24.04.2024, the learned Additional Sessions Judge,passed the Judgment in both the appeals and set aside the order ofconfiscation of the commodities and truck passed by the SubDivisional Officer, Jalgaon, on 25.01.2024 in Crime No.171 of 2023registered with Nashirabad Police Station, District Jalgaon. It isfurther directed to return 550 bags of rice to the Petitioner inCriminal Writ Petition No.1460 of 2024 on execution of his personaland surety bond to the satisfaction of the Sub Divisional Officer, 4 of 13 (( 5 )) Cri-**WP-1459,1460-24-JudJalgaon. In Criminal Appeal No.11 of 2024, the learned AdditionalSessions Judge quashed and set aside the order of confiscation oftruck passed by the learned Sub-Divisional Officer, Jalgaon in CrimeNo.171 of 2023 and directed the Sub-Divisional Officer, Jalgaon toreturn the vehicle No.MH-18/BZ-1039 of Tata Motors Limited to thePetitioner Shri Ajay Sunil Chavan on execution of his personal andsurety bond to the satisfaction of the Sub-Divisional Officer. 7.In both the Petitions, it is the grievance of the Petitionersthat as per judgment and order dated 24.04.2024 passed by theAdditional Sessions Judge, Jalgaon in Criminal Appeal No.10 of 2024and 11 of 2024, the commodities of 550 rice bags and truck aredirected to release on execution of personal and surety bond to thesatisfaction of the Sub-Divisional Officer, Jalgaon. However, on22.05.2024, the Respondent No. 2 the Sub-Divisional Officer, Jalgaon,passed the orders and directed to release the commodities andvehicle on execution of personal bond and on furnishing 50% of bankguarantee of Nationalised Bank in contravention of the judgment andorder passed by the learned Additional Sessions Judge on 24.04.2024in Criminal Appeal Nos.10 of 2024 and 11 of 2024. 5 of 13 (( 6 )) Cri-**WP-1459,1460-24-Jud8.Mr. Talhar, the learned counsel for the Petitioners in boththe Petitions canvassed in vehemence that, when the learned SessionsJudge passed the judgments in both the Appeals directing for releaseof commodities and seized Vehicle on execution of personal suretyand security bond, therefore, the Respondent no. 2 Sub-DivisionalOfficer has no authority to modify the conditions of release ofcommodities and truck on furnishing personal bond and the Bankguarantee of 50% price of the commodities and Vehicle. Therefore,the impugned orders dated 22.05.2024 passed by Respondent No.2Sub Divisional Officer, Jalgaon is illegal, bad in law, hence, prayed forquash and set aside the same. 9.It is further canvassed that, while passing the judgmentand order dated 24.04.2024, the learned Additional Sessions Judgerecorded findings as per inquiry conducted by the Civil Supply Officer,Jalgaon, the seized rice/commodities is not subject of the public civicsupply office (ration) and documents produced on record apparentlyproves that the Petitioner Shri Nilesh Musale, in Criminal WritPetition No.1460 of 2024 is the owner of said commodities. Theprosecution failed to show that, Shri Nilesh Musale has breached anyorder issued by the authorities under the Essential Commodities Act. 6 of 13 (( 7 )) Cri-**WP-1459,1460-24-JudTherefore, there was no occasion to the District Supply Officer toseize the commodities and vehicle. The material placed on recordshows that, the Public Civic Supply Inspector has exceeded hisjurisdiction and seized said commodities. It is submitted that, theRespondent prosecution has not challenged findings of the learnedSession Court before the competent Court. Therefore, calling uponboth the Petitioners for furnishing bank guarantee of 50% ofcommodities and Vehicle is certainly contrary to the judgment andorder passed by the learned Sessions Court on 24.04.2024. Hence,prayed for quash and set aside the impugned orders dated22.05.2024 passed by Respondent No.2 Sub Divisional Officer,Jalgaon.10.Per contra, Ms Ranjana Maroti Bahade, Civil SupplyInspecting Officer, has filed affidavit-in-reply and strongly opposedthe Petitions. The learned APP canvassed in vehemence that, as perClause(3) of the judgment and order dated 24.04.2024 passed by theAdditional Sessions Judge, Jalgaon in Criminal Appeal Nos.10 of2024 and 11 of 2024, the Respondent No. 3 is under obligation toreturn 550 bags of rice (commodities) and vehicle to the respectivePetitioners on execution of personal bond and surety to the 7 of 13 (( 8 )) Cri-**WP-1459,1460-24-Judsatisfaction of Respondent No.2 Sub Divisional Officer. Therefore, incompliance of the Judgment passed by the learned Session Court, thePetitioners in both the Petitions have submitted the applications andprayed for release of commodities and vehicle. Therefore, in exerciseof said discretionary directions, the Respondent No.2 called upon thePetitioners to submit personal bond and bank guarantees of 50% ofthe commodities and vehicle, which is just and proper. However, boththe Petitioners have failed to comply with the directions undercommunication dated 22.05.2024, hence, prayed for dismissal of boththe Petitions. 11.Having regard to the submissions canvassed on behalf ofboth sides, I have gone through the peitition paper book. It is not indispute that, on 03.10.2023, 14 Tyres Vehicle/Truck bearing No.MH-18/BZ-1039 came to be seized with commodities/rice containing 550bags weighing 50 kg each total 29490 kg., Rice presuming it is publiccivic supply office commodities and Vehicle in which saidcommodities were transported. The necessary seizure panchanamawas drawn. It is not in dispute that, the Respondent No.2 initiatedconfiscation of commodities and vehicle proceeding under Section 6Aof the Essential Commodities Act. After providing opportunity of 8 of 13 (( 9 )) Cri-**WP-1459,1460-24-Judhearing, on 25.01.2024, the Respondent No.2 Sub Divisional Officerpassed the order and confiscated seized commodities of 550 bagscontaining rice weighing 50 kg., per bag, total 29490 kg., underSection 6A(2)(i)(ii) of the Essential Commodities Act. However, theseized vehicle was directed to released in favour of the vehicle ownerafter recovery of price of the vehicle toward fine. So also, to return550 bags rice to the Petitioner on executing his personal bond andsurety bond to the satisfaction of the Sub-Divisional Officer, Jalgaon. 12.It is a matter of record that, being aggrieved by saidorder, Mr. Nilesh Namdeo Musale, the owner of the commodities filedCriminal Appeal No.10 of 2024, whereas, Mr. Ajay Sunil Chavan, thevehicle owner filed Criminal Appeal No.11 of 2024 under Section 6Cof the Essential Commodities Act before the Sessions Court, Jalgaon.It is not in dispute that, as per the notification issued by Law andJudiciary Department, Government of Maharashtra, on 15.09.2009,all the judicial officers presiding over the Court of Sessions in theState of Maharashtra are authorised to hear the appeals underSection 6C of the Essential Commodities Act within their respectivejurisdiction. 9 of 13 (( 10 )) Cri-**WP-1459,1460-24-Jud13.Indeed, on 24.04.2024, the learned Additional SessionsJudge, passed the judgment and held that, the inquiry conducted bythe Civic Supply Officer, Jalgaon, indicates that the seizedcommodities (rice) is not subject of Civic Supply Office (Ration). Thedocuments which have been produced on record shows that, Mr.Nilesh Namdeo Musale (Petitioner in Criminal Writ Petition No.1460of 2024), is the owner of seized commodities, however, theprosecution failed to show that, the Petitioner Mr. Nilesh NamdeoMusale has breached any order issued by the authorities under theEssential Commodities Act, hence, there were no occasion for theDistrict Supply Officer to seize such commodities and the vehicle inwhich seized commodities were being transported. Therefore,directed to release said commodities in favour of owner on executionof personal bond and surety bond to the satisfaction of RespondentNo.2 Sub-Divisional Officer.14.Needless to say that, on 24.04.2024, the learned SessionsJudge, passed the judgment and order in Criminal Appeal Nos. 10 of2024 and 11 of 2024 and set aside order of confiscation ofcommodities passed by Respondent No.2 Sub Divisional Officer in 10 of 13 (( 11 )) Cri-**WP-1459,1460-24-Judconnection with Crime No.171 of 2023 and directed to return thevehicle/truck No.MH-18/BZ-1039 in favour of the vehicle owner onexecution of personal bond and surety bond to the satisfaction ofRespondent No.2 Sub-Divisional Officer.15.The judgment and order dated 24.04.2024 passed by theAdditional Sessions Judge, it clearly indicates that the Petitioners areowners of commodities and vehicle and both of them are requires tofurnish only personal and surety bond to the satisfaction ofRespondent No.2 Sub-Divisional Officer, Jalgaon. However, on22.05.2024, the Respondent No.2 Sub Divisional Officer, Jalgaon,passed the impugned orders and called upon both the Petitioners tofurnish personal bond and Bank guarantee of Nationalized Bank of50% of price of the commodities and vehicle, which is contrary to thecondition prescribed by the learned Sessions Judge in Judgmentdated 24.04.2024 passed in Criminal Appeal Nos. 10 of 2024 and 11of 2024. The Respondent No.2 Sub Divisional Officer has not givenany justification in respect of calling both the Petitioners to furnishbank guarantee of 50% of price of seized commodities and vehicle,though the learned Sessions Judge has recorded findings that theseized commodities is not of civic supply scheme. So also, there was 11 of 13 (( 12 )) Cri-**WP-1459,1460-24-Judno occasion to the District Supply Officer to seize the commoditiesand vehicle. Under these circumstances, the Respondent No.2 Sub-Divisional Officer ought not to have called upon the Petitioners tofurnish bank guarantee of nationalized bank of 50% of price ofcommodities and the vehicle. Therefore, impugned orders dated22.05.2024 passed by the Respondent no. 2 Sub-Divisional Officer,are illegal, bad in law as well in contravention of the conditionprescribed in Judgment dated 24.04.2024 passed by the learnedSessions Judge. Therefore, to my view, the Respondent No.2 Sub-Divisional Officer exceeded his jurisdiction and tried to modifyconditions of orders passed by the learned Sessions Judge whilereleasing seized commodities and vehicle. Therefore, the impugnedorders are liable to be quashed and set aside. In view of abovediscussion, I am inclined to grant both the Criminal Writ Petitions andproceed to pass the following order:-:: O R D E R ::(i)Both the Criminal Writ Petitions are allowed.(ii)The impugned orders dated 22.05.2024 passed by theRespondent No.2 Sub-Divisional Officer, Jalgaon, arehereby quashed and set aside. 12 of 13 (( 13 )) Cri-**WP-1459,1460-24-Jud(iii)The Respondents are hereby directed to release the seizedcommodities in favour of the Petitioner in Cri.W.P. No.1460 of 2024 Mr. Nilesh Namdeo Musale on execution ofpersonal bond and sureties of Rs.5,00,000/- (Rupees FiveLacs).(iv)The Respondents are hereby directed to release the seizedvehicle bearing No.MH-18/BZ-1039 on execution ofpersonal bond and sureties of Rs.25,00,000/- (RupeesTwenty Five Lacs) in favour of vehicle owner Mr. AjaySunil Chavan, the Petitioner in Cri. W. P. No.1459 of 2024. (v)Rule is made absolute in above terms. [ Y. G. KHOBRAGADE, J. ] SMS 13 of 13