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2015 Supreme(Bom) 488

T.V.NALAWADE, I.K.JAIN
Ashok Metal Corporation – Appellant
Versus
Senior Inspector of Police – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ravindra S. Shinde, Advocate.
For the Respondents:R1 & R4, R.K. Ladda, Additional Public Prosecutor, R2, Dr. (Smt.) Kalpalata Patil Bharaswadkar, Advocate.

Judgment :-

1. The proceeding is filed under section 482 of the Code of Criminal Procedure and Article 226 of the Constitution of India for claiming various reliefs. Relief of direction is claimed to hand over 8 gold bars weighing 8 kilograms seized by police in CR No.2/2015 registered for offence punishable under section 124 of the Maharashtra Police Act by Lohmarg Police Station Bhusawal. Indirectly relief is also claimed for quashing of the First Information Report of this crime. Compensation of Rs.15 lakh is claimed for so called illegal arrest of one Devang Shah in this crime. Relief is claimed for giving direction to the Customs Department not to make any further inquiry in respect of seizure of this gold. Learned counsel for the petitioner, learned counsel for the Customs Department and the learned Additional Public Prosecutor are heard.

2. The facts show that on 9-1-2015 at about 9.40 p.m. the police of aforesaid police station received information that one person occupying berth No.39 of Coach No.B-1, III tire AC of train proceeding to Mumbai was carrying huge quantity of gold and arms. The train arrived at Bhusawal at 10.05 p.m. One Devang Shah was occupying this berth. Af












































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