9911796707
TMI Blog2023 (12) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... y is available to the petitioners. However, the liberty is granted to the petitioners to file an application under Section 451 457 of Cr.P.C before the competent Court of law and if such application is filed, the Court shall consider the said application in accordance with the law without being influenced by the order dated 6/11/2023 rejecting the application for custody of vehicle and goods, filed by accused driver. The petition is dismissed. - HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA FOR THE PETITIONERS : BY SHRI V K BIJU ADVOCATE FOR THE RESPONDENT : BY SHRI KRATIK MANDLOI - P.L ORDER The present writ petition is filed under Article 226 of the Constitution of India invoking the extraordinary jurisdictio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t between Petitioner Nos. 2 and BROWN FORMAN BEWERAGES WORLDWIDE, dated 22.08.2022, as Petitioner No.2 is engaged in the business of transporting goods. The said truck was bearing registration No.HR55AF7232 and on 28.10.2023 the said truck was sealed with the Customs One Time Lock (bottleneck seal) (OTL No.4129804). That, on 30.10.2023, while the truck was transporting the goods through the Ratlam District, they were stopped by the respondent Police officials. The driver of the truck produced the requisite documents; however the respondent No.1 did not accept the same. Pursuant thereto, the respondent No.1 seized the vehicle and brought them to the Police Station where they broke open the Customs One Time Lock/Seal and seized the goods cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the Writ Petition as Annexure P-14. However, the petitioners have not filed any application before the Magistrate for release of the vehicle. 6. After hearing learned counsel for the parties, I am not inclined to grant the relief prayed by the petitioner for quashment of FIR as the petitioners/company is not an accused in the FIR and they have no locus to seek quashment of FIR. In regard to the relief for custody of vehicle and goods, the remedy lies to the petitioners, to apply for custody of the vehicle and goods under Section 451 Section 457 of Cr.P.C. The said prayer cannot be considered in a writ jurisdiction when the remedy is available to the petitioners. However, the liberty is granted to the petitioners to file an applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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