1 cri-wp-1443-11.doc pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1443 OF 2011 Imran Rehman Khalil Shaikh .. Petitioner Vs. The State of Maharashtra and anr. .. Respondents Mr. P. P. Kakade i/by Mrs. Pranali P. Kakade for petitioner. Mrs.P.P. Shinde, APP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. August 09, 2011. P.C. 1. This petition filed under Articles 226 and 227 of the Constitution prays for directions to the respondent nos.1 and 2, (a) to unlock the factory premises and hand it over to the petitioner for his manufacturing/recycling activities and sale/purchase activities and (b) to return the property/tankers which were seized by the respondent no.1. 2. So far as prayer clause (a) is concerned, it would not survive any further and so far as prayer clause (b) is concerned, the learned APP 2 cri-wp-1443-11.doc has placed before us the report dated 29/7/2011 received from the Controller of Ration Distribution and Director, Civil Supplies, Government of Maharashtra. 3. As per the report dated 15/7/2011 submitted by Shri Vijay Pandharpatte, Police Inspector, Crime Branch, Navi Mumbai to the learned APP, in all seven tankers have been seized from the petitioner’s factory on 6/10/2010. These tankers are, as at present, parked in the petitioner’s factory premises and they contain used furnace oil as well as waste oil. Samples were drawn from these tankers on two different occasions and sent to the Forensic Science Laboratory at Kalina. The C.A. Report has confirmed that the liquid is used/waste furnace oil. C.R. No. 70 of 2010 has been registered against the petitioner with the Rabale Police Station, Navi Mumbai for the offences punishable under Sections 3, 7, 8, 9 and 10 of the Essential Commodities Act. There is no dispute that the seized material is required to be disposed off within 30 days as per the guide-lines issued by the State Government and in the instant case the seized material is highly incendiary and, therefore, there is an urgent need that the same is disposed off at the earliest. 3 cri-wp-1443-11.doc 4. As per the petitioner, the said used/waste oil was purchased by him from the Jawaharlal Nehru Port Trust (JNPT) for recycling and reusing and its onward sale. He has the invoices showing the source of supply i.e. JNPT and the total cost of the seized material also could be verified from those invoices/bills. He is ready and willing to furnish a bank guarantee for the total cost of the seized oil. The report submitted by the PI from Rabale Police Station states that the waste oil is 3,24,500 ltrs., whereas furnace oil is 1,53,000 ltrs. in all the seven tankers. 5. We, therefore, direct to release the seized seven tankers along with the total quantity of the oil contained therein, if the petitioner submits a bank guarantee in the court of JMFC at Vashi in the total sum equivalent to the purchase price of the said oil. The verification of the purchase price shall be done by the police station within one week from today, on verification of the invoices/bills/challans and thereafter within two days the purchase price amount bank guarantee will be furnished by the petitioner in the court of the learned JMFC at Vashi, for remission of the total cost amount, in case the prosecution succeeds. On furnishing the bank guarantee, the tankers with the oil contained therein shall be released forthwith. 4 cri-wp-1443-11.doc 6. Petition is disposed off in terms of the above directions. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)