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2021 Supreme(Bom) 126

UJJAL BHUYAN, MILIND N.JADHAV
Haresh S. Bhanushali – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mohit Prabhakar, Advocate
For the Respondents:Pradeep S. Jetly, Senior Advocate a/w. J.B. Mishra, Advocate.

JUDGMENT :

Milind N. Jadhav, J.

1. Heard learned counsel for the parties.

2. By the present petition filed under the provisions of Articles 226 and 227 of the Constitution of India, petitioner has prayed for the following reliefs:-

    “a. That it is just, equitable and in the interest of justice that this Hon’ble Court may be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate writ, order or direction ordering and directing the Respondents jointly/collectively and their sub-ordinate officers to forthwith:

i. the Respondents to immediately release the Vehicle No.MH-46-1284 so that the petitioner can carry on his business;

ii. provisional Release Letter dated 14.07.2020 be set aside;

iii. the Respondents to waive detention/demurrage charges if any;

b. For interim and ad-interim reliefs in terms of prayer clause (c) above.

c. For costs of this petition. d. For such further and other reliefs be granted to the petitioner as this Hon’ble Court may deep proper and fit in the nature and circumstances of the case.”

3. Petitioner seeks release of vehicle No. MH-46-H-1284 detained by the customs authorities i.e. respondent Nos.2 and 3 since 04.11.2019 and has

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