Case Note & Summary
The petitioner, Tushar Jaiswal, a licensee of a liquor shop in Wani, filed a criminal writ petition challenging the rejection of his application under Section 457 CrPC for release of seized country liquor. The liquor was seized on 05.06.2021 from a vehicle bearing registration No. MH-29/BE-0179 at Chargaon Chowki, Taluka Wani, by Shirpur police. The vehicle was allegedly transporting liquor worth Rs.8,01,600/- to Chandrapur, a dry district, via an unauthorized route, and the driver was not the one mentioned in the transport pass. A crime was registered under Sections 65(a) and (e) of the Maharashtra Prohibition Act, 1949 and Sections 130(1) and 177 of the Motor Vehicles Act, 1988. The petitioner claimed ownership of the liquor and that he had purchased it from a distributor. The Judicial Magistrate First Class, Wani, and the Additional Sessions Judge, Kelapur, rejected his application for release. The High Court allowed the petition, holding that the petitioner had established prima facie ownership and lawful possession. The court noted that the petitioner was not found in the vehicle and there was no evidence of his involvement in the illegal transport. The court directed release of the seized liquor on supratnama upon furnishing a personal bond of Rs.8,01,600/- and surety of the same amount, with conditions to produce the property as and when required and not to transfer or alienate it.
Headnote
A) Criminal Procedure - Release of Seized Property - Section 457 CrPC - Prima Facie Ownership - The petitioner, a licensee of a liquor shop, sought release of country liquor seized from a vehicle allegedly transporting it illegally. The court held that where the petitioner establishes prima facie ownership and lawful possession, the property should be released on supratnama unless the prosecution shows the petitioner's involvement in the offence. (Paras 3-6) B) Maharashtra Prohibition Act - Illegal Transport - Sections 65(a), 65(e) - Burden of Proof - The prosecution alleged that the liquor was being transported to a dry district via an unauthorized route. The court noted that the petitioner was not in the vehicle and there was no evidence linking him to the illegal transport. The mere fact of seizure does not disentitle the owner to custody. (Paras 4-6)
Issue of Consideration
Whether the petitioner is entitled to release of seized country liquor on supratnama under Section 457 of the Code of Criminal Procedure, 1973, pending trial.
Final Decision
The High Court allowed the petition, set aside the orders of the Magistrate and Sessions Judge, and directed release of the seized country liquor on supratnama upon the petitioner furnishing a personal bond of Rs.8,01,600/- and surety of the same amount, with conditions to produce the property as and when required and not to transfer or alienate it.
Law Points
- Release of seized property under Section 457 CrPC
- Prima facie ownership
- Entitlement to custody pending trial
- Burden on prosecution to show involvement in offence
