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1998 Supreme(Bom) 832

D.G.DESHPANDE
State of Maharashtra – Appellant
Versus
Lalit S. Nagpal and others – Respondent


JUDGMENT - D.G. DESHPANDE, J.:---All these applications are filed by the State and they involve a common question of law. I have heard the learned A.P.P. for the State of Maharashtra and Mr. H.A. Solkar for the respondent in some of these petitions.

2. The question is whether the Special Judge appointed under the Essential Commodities Act, has powers to pass interim orders in respect of release of property involved in the commission of offences under the Essential Commodities Act.

3. To appreciate this question, facts of CRA No. 123 of 1996 are reproduced:

On 12-3-1996, the CB Control, CID, Mumbai received some definite information that the respondents along with others is illegally carrying out mixing of Naphtha with MTO and Peanten i.e. petroleum products and sell the said adulterated mixture as petrol in India at various places. One of such consignment of Naphtha was to be transported in the night between 12-3-1996 and 13-3-1996. Therefore, a close watch was kept on the tankers which were to carry Naphtha. One of such tanker spotted at Ghatkopar and was followed by the raiding party. Ultimately, the tanker stopped near the company of the respondents in mid night and thereafte

























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