1 wp46311 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 463 OF 2011 Pramod Trikamlal Patel ...Petitioner V/s. State of Maharashtra & Anr. ...Respondents Mr. Khan Abdul Wahab for the Petitioner Mr. P.A. Pol, P.P., for the State Ms. Seema Rawade for Respondent No. 2. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 15TH FEBRUARY, 2011 P.C.:- Not on Board. Upon mentioning, taken on Board. 2. Counsel for respondent No.2, in all fairness, submits that this petition can be disposed of on the same terms as specified in Criminal Writ Petition No. 3629 of 2010 decided on 10th January, 2011 in the case of Mayur Pravinkumar Mehta v. State of Maharashtra & Ors. and Criminal Writ Petition No. 418 of 2011 decided on 2 wp46311 10th February, 2011 in the case of Mohammed Ali @ Munna Chotu Shaikh v. State of Maharashtra & Anr. The petition is accordingly disposed of on the following terms:- (a) As soon as the petitioner pays the deficit Octroi amount and/or other charges and also complies with all the formalities for release of the goods and vehicle in question, the Corporation shall release the goods and vehicle forthwith; and in any case, not later than four weeks from today. This direction is issued on the assumption that the petitioner would comply with his obligation not later than two weeks from today. (b) The above arrangement will be without prejudice to the option available to the Corporation to prosecute the petitioner and raise demand for further amount towards penalty/fine from the petitioner in the event the petitioner was to be convicted in connection with the said prosecution. 3 wp46311 (c) We make it clear that we are not expressing any opinion, one way or the other, with regard to the seizure and attachment of the goods and vehicle in question. If the proposed criminal action is instituted by the Corporation, the same will have to be decided on its own merits, in accordance with law. Ordered accordingly. A.R. JOSHI, J. A.M. KHANWILKAR, J.