1 CR.APL NO.496/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.496 OF 2011 Pankaj s/o Murlidhar Mene ( Wani) Age: 30, Occu. Business, r/o. Maliwada, Chopada, Dist. Jalgaon. ...APPLICANT VERSUS 1. The State of Maharashtra (Through Police Inspector, Chopda city Police Station, Tq. Chopda, Dist. Jalgaon) 2. The Tahsildar, Chopda, Dist. Jalgaon. 3. The Sub-Divisional Officer/District Supply Officer, Amalner, Dist. Jalgaon. ...RESPONDENTS ... Mr.B.R.Warma, Adv., for the applicant. Mr.K.M.Suryawanshi, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:25/2/2011 *** PER COURT : 1. Heard. The accused/applicant has urged to set aside the order dt.24.11.2010, passed by respondent no.3 - the Sub Divisional 2 CR.APL NO.496/2011 Officer/District Supply Officer, Amalner, dist. Jalgaon, directing confiscation and disposal of 71 quintals of wheat ( total 142 bags), and to return it on Supurdnama or on execution of surety and bond. 2. The applicant is not disputing seizure of the wheat. His contention is, the wheat was put in the empty sacks ( KATTA - BARDANA), which he has purchased from one Kanharam residing at Market Yard, Chopada. The sacs had some marks of F.C.I. This gave rise to the impression that the wheat was a commodity of Food Corporation of India ( for short, FCI ). The applicant has bills of the purchase which he allegedly showed to the officer. 3. At this stage of the matter, since the officer has recorded statements of few of the witnesses, without disturbing the order of the learned Officer of confiscation, in the light of the judgment of the Hon'ble Apex Court, in the matter of Sunderbhai Ambalal Desai Vs. State of Gujarat ( (2002) 10 SCC 283), in the matters concerning seizure of the vehicle, observed that putting the vehicle or detaining it for indefinite period is not worth the vehicle. The vehicle should be released on appropriate bond and guarantee. 3 CR.APL NO.496/2011 4. Shri Warma, has invited my attention to orders passed by this Court in Application Nos. 3510/2007, dt.24th Oct.,2007, 3411/2007, dt.8th Oct.,2007, 3511/2007, dt.8th Oct.,2007, 4466/2007, dt.25th Jan.,2008. A consistent view is taken by this Court, directing those of the applicants to deposit tentative price of the goods (wheat or other commodity) seized and to restore its possession. Considering the nature of accusations, no other yardstick would be applicable, than in conformity to the orders referred above. This Court has not observed about illegalities in the activities of seizure or the goods to be a private commodity of the applicants. It is for the authorities and, during hearing to be ascertained. For the present, without disturbing order of confiscation, it is modified. The officer had estimated value of wheat at Rs.99,400/-. The goods/wheat is directed to be handed over to the applicant for its disposal in accordance with law on his furnishing a bond/Bank guarantee to the tune of Rs.1,25,000/- ( Rs. one lac, twenty five thousand). Application allowed to the extent as above. (K.U.CHANDIWAL) JUDGE agp/496-11crapl