1 / 3 40-apl-458-25 corrected(2) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(APL) NO. 458 OF 2025 Navan Ashok Baddamwar Vs. State of Maharashtra ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr.D.P.Mankar, Advocate for the applicant. Mr.Ujjawal Phasate, APP for the State. CORAM : MRS. VRUSHALI V. JOSHI, J. DATE : 04/11/2025 1. The applicant is the owner of the seized truck bearing No.MH-29-BE-8558. The application filed by the applicant for return of the said vehicle on supurtnama was rejected by the Judicial Magistrate First Class Zari-Jamani, district Yavatmal. The applicant had preferred the revision before the Sessions Court. 2. It is the case of the prosecution that the complainant Vikas Laxman Gore, has lodged the report with Mukutban Police Station on 17.05.2023. While inspecting the vehicle, it was found that the dumped truck bearing registration No.MH-29-BE-8558, was transporting about two brass of sand worth Rs. 8,000/- on the Mukutban Patan road Kavita 2025:BHC-NAG:12380 2 / 3 40-apl-458-25 corrected(2) near Pacific beer bar. When the complainant inquired about details of the vehicle, royalty permits for transporting the sand the driver of the said vehicle stated that the truck belongs to the applicant and he is not having the royalty permit for transportation of sand. Crime No.146 of 2023 for the offences punishable under Sections 379, 341 of the Indian Penal Code and Section 15 for the Environment (Protection) Act, 1986 is registered. The counsel for the applicant has stated that the Judicial Magistrate First Class has rejected the application to hand over the truck on supurtnama on the ground that there are antecedents against this applicant. On the same ground, the Additional Sessions Judge, Kelapur has rejected the application. Challenging said orders, the applicant has filed the application before this Court. The applicant has stated that the earlier offences and the bond which was executed before the Magistrate is flouted by this applicant is not for the same vehicle. The vehicle is lying idle in the police station since last two years. Some parts of the vehicle were stolen from the Police Station. The applicant is ready to abide by all the conditions which will be imposed. Hence, prayed to release the truck on supurtnama. 3. Learned APP has opposed the application stating that the applicant is externed for two years from the said area. He has not followed the conditions and has flouted his Kavita Corrected as per courts order dated 14.11.2025 3 / 3 40-apl-458-25 corrected(2) bond. There are antecedents against this applicant, he is committing similar offences again and again. If the vehicle is released, the applicant will commit the same offence and will use the vehicle in the same offence, hence, prayed to reject the application. 4. Heard both the sides and perused the record. 5. The vehicle which is seized is not the same vehicle, where the bond was executed by the applicant, it was for tipper. The seized vehicle is truck. The truck is lying idle in the Police Station, therefore, as the vehicles are different, the orders passed by the Sessions Court and the Judicial Magistrate First Class, Zari-Jamani,District Yavatmal are hereby quashed and set aside. The application is allowed. 6. Truck bearing No.MH-29-BE-8558 seized in connection with Crime No.146 of 2023 registered with Police Station Mukutban, district Yavatmal be released on the supurtnama upon executing the bond before the lower Court as per rules,on usual terms and conditions . 7. The application stands disposed of. JUDGE Kavita Corrected as per Courts order dated 19.11.2025