1 Criminal Writ Petition No.282/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.282 OF 2011 Nilkanth s/o Maruti Kharade ... PETITIONER VERSUS The State of Maharashtra ... RESPONDENT ..... Shri V.P. Latange, Advocate for petitioner Shri G.R. Ingole, A.P.P. for the respondent ..... CORAM : K.U. CHANDIWAL, J. DATED : 15th June, 2011. PER COURT : 1. Heard. The applicant claims possession of the beer worth Rs.3,08,666/- and cash, seized by the police authorities during the raid. Learned counsel submits that the beer is a perishable item having the life span of six months for user/ consumption and if not used, the applicant, as owner of the property, would be put to financial loss. He is ready to furnish Bank guarantee. 2. The record illustrate that, the Collector of the area, in terms of powers vested in him under Section 142 of the 2 Criminal Writ Petition No.282/2011 Bombay Prohibition Act, prohibited sale of liquor or beer as commonly called as “dry day” for 16th and 17th December 2010 due to festival of Moharram. It is not that applicant had no knowledge of such declaration. In spite of that, the applicant was found in dealing vending with these intoxicants, in betrayal to imposition of Section 142 of the Bombay Prohibition Act. Since the applicant was found brazenly selling, hence crime was registered for offence under Sections 65(E), 79, 82, 83, 84, 89 and 90 of the Bombay Prohibition Act. 3. In view of the legal position that the intoxicants being sold after the ban, the sale thereof being prohibited, law permits in terms of Section 98(i)(d) of such sale being illegal, for confiscation by order of the Court. In the situation of the matter, I do not see that the goods being perishable, necessarily needs to be returned to the petitioner. Illegalities would not be restored by allowing the release of seized goods, subject of confiscation. The petitioner has other remedies which he may exhaust. Writ Petition lacks merits, dismissed. (K.U. CHANDIWAL, J. ) fmp/cwp282.11