24. WP 3803-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 3803 OF 2021

M/s. Betul Oil Limited

...Petitioner

Versus

The State of Maharashtra

...Respondent

Mr. Abhijeet Patil i/b Mr. J.G. Aradwad (Reddy) for the Petitioner.

Mrs. Veera Shinde, A.P.P for the Respondent-State.

Mr. Arun D. Phuge – Police Inspector, Solapur Taluka Police Station.

CORAM : REVATI MOHITE DERE, J.

DATE : 21

^ST JANUARY, 2022

(Through Video Conferencing)

P.C. :

1.

Heard learned Counsel for the parties.

2.

By this petition, the petitioner has challenged the condition

No.2 imposed by the learned Sessions Judge, Solapur vide order dated 14^th

July, 2021, whilst allowing the petitioner’s application seeking interim

custody of his vehicle i.e. one Mahindra XUV500 R W11 BS IV Car colour

Lakeside (Dark Brown) bearing Registration No. MH-13/CT-4455.

3.

Learned Counsel for the petitioner submits that the learned

Judge, whilst granting interim custody of the vehicle, directed the petitioner

Wakodikar

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RUPALI

RAJESH

WAKODIKAR

Digitally signed

by RUPALI

RAJESH

WAKODIKAR

Date:

2022.01.25

17:49:47

+0530

24. WP 3803-2021.doc

to execute a Supurtnama in the sum of Rs.20,00,000/- and to furnish one or

more solvent sureties in the like amount. He submits that the said amount

is exorbitant, considering the fact that the vehicle is of the year 2018. He

further submits that even the direction to furnish bank guarantee/cash

security of Rs. 3,00,000/- was unwarranted considering that nothing was

found in the vehicle. Learned Counsel for the petitioner requested that the

said amount being exorbitant, be either waived or reduced.

4.

Learned APP opposes the application.

5.

Perused the papers. The petitioner is the owner of the vehicle

which was seized by the Police in connection with C.R.No.115 of 2021

registered with the Solapur Taluka Police Station for the alleged offences

punishable under Sections 188, 201, 380, 454, 457 and 120B of the Indian

Penal Code. According to the prosecution, three vehicles were used by the

accused, one for carrying money and ornaments, one for clothes and one

vehicle i.e. Mahindra XUV500 bearing registration No. MH-13 CT 4455,

carrying no items. All the three vehicles were seized by the Income Tax

department under the provisions of the Income Tax Act. Admittedly, the

petitioner is not an accused in the said case. It is the allegation of the

prosecution that the accused in the said case had used the petitioner’s said

vehicle i.e. one Mahindra XUV500 bearing registration No. MH-13 CT

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24. WP 3803-2021.doc

4455 in the commission of the offence. It is not in dispute that the

petitioner filed an application and sought interim custody of the vehicle.

The said application was allowed by the learned Sessions Judge vide order

dated 14^th July, 2021 on the certain terms and conditions. The operative

part of the order reads thus;

“(1) Criminal Revision Application No. 15/2021 is allowed.

(2) Mahindra XUV500 R W11 BS IV Car colour Lakeside

(Dark Brown) bearing Registration No. MH-13/CT-4455, Chesis

No. MA1YU2WUVJ6E14635, Engine No. WUJ4E10204 be

handed over to the petitioner by way of interim custody on his

executing before the concerned Court Supurtnama in the sum

of RS.20,00,000/- (Rupees Twenty Lacs only) and on furnishing

one or more solvent surety/sureties in the like amount. The

petitioner shall also furnish bank guarantee/cash security of Rs.

3,00,000/- (Rupees Three Lacs only) before the concerned

Court.

(3) The petitioner shall furnish the undertaking to abide by the

usual terms and conditions including that the petitioner shall not

bring about any change in the shape of the vehicle and shall not

transfer the same to any third person and shall produce the same

before the learned trial Court as and when directed to do so.

(4) Photographs of the vehicle be kept on record while giving

interim custody o