1 WP.2785-2010.sxw acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITIOIN NO. 2785 OF 2010 Vijay Sankeshwar ..Petitioner Vs. Municipal Corporation of Gr. Mumbai & Anr. ..Respondents. ----- Mr. Girish Kulkarni, for the Petitioner. Ms. Seema Rawade i/b S.K. Khatu and D.L. Sandge, for Respondent No.1. Ms. U.V. Kejriwal, A.P.P. for the State. ---- CORAM: M.L. TAHALIYANI, J. DATE : NOVEMBER 28, 2011. P.C.: 1. Heard Mr. Kulkarni, learned counsel for the petitioner, Ms. Seema Rawade, for the Municipal Corporation of Gr. Mumbai, and Mrs. U.V. Kejriwal for the State. 2. Perused the impugned order. The petitioner is aggrieved by the complaint filed against him in the 42nd Court of Metropolitan Magistrate, 2 WP.2785-2010.sxw Shindewadi, Dadar, Mumbai by the Legal Assistant of the Municipal Corporation of Gr. Mumbai. 3 The allegations against the petitioner are that he was engaged in business of transporting of the goods within the local limits of the Municipal Corporation of Greater Mumbai without valid licence. It is alleged that this trade is not permitted without licence in view of the provision under Section 394 of M.M.C. Act. During the course of arguments, Mr. Kulkarni, learned counsel for the petitioner has submitted that the allegations, in the first instance, are baseless as much as there is no material on record to show that the goods were meant for transportation. Secondly it is submitted that alleged trade was not covered by Part-IV of the Schedule ‘M’ to the M.C.G.M. Act. 4. I have gone through the inspection note, copy of which was given to the petitioner at the time of inspection. The inspection note clearly indicates that there were number of consignments. Copies of Lorry Receipts were also found. Inspection note also reveals that the goods were meant for transportation to various destinations out of Mumbai. 3 WP.2785-2010.sxw 5. Par-IV of Schedule ‘M’ of M.C.G.M. Act clearly shows that the transport business without licence is not permitted. Therefore, there is prima facie, case against the petitioner to proceed with. No case is made out for quashing of the complaint. Hence, the petition stands dismissed. Interim order, if any, stands vacated. 6. Criminal Writ Petition No.2785 of 2010 is accordingly disposed of. (M.L. TAHALIYANI, J.)