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BOMBAY HIGH COURT
A. H. Kapadia, J
Finance and Leasing Company – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. synopsis of the case in terms of ownership and transport of contraband. (Para 2 , 3) |
| 2. arguments for procedural impropriety in confiscation. (Para 6 , 8 , 10) |
| 3. court observations on the necessity for due process and fairness in confiscation. (Para 14 , 18 , 22) |
| 4. conclusion that the confiscation order must allow for proper hearing. (Para 29 , 32) |
1.Heard Mr. A. H. Kapadia, Counsel for the petitioners; Mr. K. M. Babhulgaonkar, Additional Public Prosecutor, for respondent No. 1 - State; and Mr. R. D. Mane, Counsel for respondent Nos. 2 and 3.
2. The facts, in brief, giving rise to this Writ Petition are that the petitioner No. 1 is Finance and Leasing Company engaged in the business of financing and purchase of motor vehicles. Petitioner No. 1 advanced a sum of Rs. 2,50,000/- to the petitioner No. 2, on 15-4-1994, and further sum of Rs. 1,12,500/- to the petitioner No. 2 by way of hire - purchase agreement in favour of petitioner No. 2, for purchase of truck AP - 16 - V - 7794. Thus, petitioner Nos. 1 and 2 both are the owners and the persons who claim right to the said truck.
3. On 2-8-1995, the Police of Nagar Taluka Police Station received information that Ganja w
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