Final Order 1

Order Details: Order Below EX 1
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ORDER IN C. C. NO.855/N/2019
1. The application is filed by the applicant for return of 25 drums
of black oil seized by Vakola Police Station CR.No. 341/2019 registered
u/sec. 277, 278, 336, 285 r/w. 34 of IPC and sec. 15 of Environment
Protection Act.
2. I.O. has strongly opposed the application. He submitted that
the applicant stocked combustible black oil without any authorisation. He
poured oil into the adjoining river thereby posing hazard to the
environment. Hence, he prayed for rejection of the application.
3. The applicant is claiming possession of the drums containing
black oil and the empty drums. However, he did not produce any stock
register or any other document to show that he is entitled to regain
possession of the said stock. He also did not produce any license or permit
to show that he is entitled to deal with combustible oil. In such situation,
it is difficult to conclude that he is entitled to custody of the seized oil.
Further, it appears that he has contributed to polluting the environment by
pouring the oil into the river. He may indulge in similar activity in case
the seized stock is returned to him. Thus, in view of these circumstances,
it will not be proper to release the stock of oil in his favour. The authority
as quoted in the application does not prove helpful for him. The seized
property is not perishable in nature. The applicant could not show that he
is entitled for the custody of the seized oil. Hence, the application is
rejected.
Mumbai Metropolitan Magistrate
Date: 27.01.2020 71st Court, Bandra, Mumbai.
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