1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6819 OF 2008 M/s.Jinesh Carriers Pvt.Ltd. .. Appellant versus The State of Maharshtra .. Respondent ... None present for the petitioner. Mrs.M.P. Thakur AGP for respondent no.1. Mr.A.Y. Sakhare, Sr. Counsel with Mr.M.M. Malvankar for respondent nos.2 to 4. CORAM : B.H.MARLAPALLE AND D.G. KARNIK, JJ DATED : 19th January 2009 P.C.: . None for the petitioner. Prayer clause (a) in the petition reads as under:- "That this Hon’ble Court be pleased to issue Writ of Certiorari of Writ in the 2 nature of Certiorari or any other Writ, Order or Direction, calling for record and proceedings and/or action papers in the matter of seizure/detention of Vehicle No.MH-04-CG 7600 alongwith the goods consignments lying therein, with the Respondent no.3 and/or Respondent No.1 to 5 and the impugned action by the Respondents No.1 to 5; (ii) calling for record and proceedings in the matter of impugned Order below Ex.P1, application for return of property in CC No.28/Misc/ 2008 in the Court of Metropolitan Magistrate’s 42nd Court, Shindewadi, Dadar, Mumbai and after going through legality and otherwise of the impugned action of the Respondents and impugned action of the learned Magistrate, this Hon’ble Court be pleased to quash and set aside the same; and the Application for return of property be allowed; . We have noted that on 21st October 2008 this court passed an order directing the release of the vehicle bearing Registration no.MH-04-CG-7600 so far as the release of the goods is concerned. The petitioner company has a remedy of submitting an 3 application before the learned Metropolitan Magistrate in C.C. No.28/Misc/08 , Hence, petition is disposed with liberty to the petitioner to approach the learned Metropolitan Magistrate. (D.G. KARNIK, J) (B.H.MARLAPALLE, J)