Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 581 of 2004 The Bombay Municipal Corpn. & anr. ...Petitioners V/s. Abdul Javeed Abdul Hafeez Shaikh and anr. ...Respondents Ms. Teja Katdare iby N.A.Shaikh for the Petitioners Mrs.M.M.Deshmukh, APP for State CORAM CORAM CORAM : : : N.D.DESHPANDE N.D.DESHPANDE N.D.DESHPANDE 25th 25th 25th April, 2008 April, 2008 April, 2008 P.C. . Heard Learned counsel for the petitioners and respondents. The petitioner Municipal Corporation is challenging the order dated 10-2-2004 passed by the Learned Additional Session Judge, Bombay and also the order of Learned Metropolitan Magistrate, 42nd Court, Shindewadi, Dadar passed in Case No.1/Misc./2003 for return of vehicle tempo Tata 608 bearing No. MH-02-T-5829 on a P.R. Bond (Rs. 50,000). The facts in brief are as under. 2. Petitioner BMC has filed criminal complaint against respondent no.1 and anr. under Section 478, 478(1)(a) and 478(1)(b) of Mumbai Municipal Corporation Act read with Section 175,177 and 187 of I.P.C. for non-payment of octroi duty. The same is pending in the Court of Learned Metropolitan Magistrate, 42nd Court, Dadar vide 2 CC No.1415/2003. It is alleged that the Vigilance Department intercepted a tempo along with goods which were brought within municipal limits of Mumbai in the said vehicle by evading the octroi for fortnight trips by respondent no.1 and other accused. 3. The vehicle in question is not the subject matter of the evasion of octroi duty which was seized since used for transporting the goods. I perused both the impugned order and found no illegality, and as such, petition stand dismissed. 4. The earlier bond for the release of vehicle in question to continue till the criminal case is decided on merits and its disposal at the end of the trial in accordance with law. (N.D.DESHPANDE,J) (N.D.DESHPANDE,J) (N.D.DESHPANDE,J)