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1 - 9 of 9 (0.18 seconds)Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Section 48 in The Indian Penal Code, 1860 [Entire Act]
Section 15 in The Environment (Protection) Act, 1986 [Entire Act]
Section 457 in The Code of Criminal Procedure, 1973 [Entire Act]
Suo Motu Writ Petition On The Reports ... vs The State Of Maharashtra And Ors. ... on 20 September, 2006
In
another decision of Division Bench At Nagpur in Writ Petition 3073 of
2019, Ashish and Ors. v. State of Maharashtra and Ors., decided on 16-04-2019
(MANU/MH/1340/2019), after the petitioner had shown readiness to
deposit the amount of penalty which was already imposed, it
appears that the vehicles were directed to be released upon the
deposit of the penalty, and at the same time it was observed that
the payment shall not be considered as acceptance by the petitioner
about the commission of offence. Therefore, a similar view is then
required to be taken in the interest of justice, by molding the orders
of the Division Bench of this Court above referred. Hence, following
order.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
M/S Saudagar Agencies Contractor ... vs The State Of Maharashtra And Others on 5 February, 2019
Under such circumstance, it is for this Court to take the same view
that was taken by the Division Bench of this Court in case of Ambadas
Manikrao Saudagar (Supra) that some amount can be directed to be
deposited by the petitioner with the revenue authorities and then on
that condition the tractor can be released. Taking into consideration
the contents of the First Information Report, that the illegal
excavation of sand was to the tune of Rs.1,82,000/-, it would be
appropriate for this Court to direct the petitioner to deposit amount
of Rs.1,00,000/- with the Revenue Authorities in addition to the
other terms those have been imposed by the learned Judicial
Magistrate, First Class, and by setting aside the term 5 (A) in the
said order. This order would then be without prejudice to the rights
of the Revenue authorities to proceed under Section 48 of
Maharashtra Land Revenue Code.
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