Krishnamachari Manjunath vs Senior Electoral Officer
2023 Latest Caselaw 4877 Kant

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                                                    NC: 2023:KHC:25914
                                                      WP No. 15636 of 2023



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 26TH DAY OF JULY, 2023

                                           BEFORE

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                      WRIT PETITION NO. 15636 OF 2023 (GM-RES)

                   BETWEEN:

                   KRISHNAMACHARI MANJUNATH,
                   S/O KRISHNAMACHARI,
                   AGED ABOUT 52 YEARS,
                   RESIDING AT NO. 54, 6TH LANE,
                   KSRTC LAYOUT,
                   BANASHANKARI 2ND STAGE,
                   BANGALORE-560 061.
                                                              ...PETITIONER
                   (BY SRI. SYED UMMER.,ADVOCATE)

                   AND:

                   1. SENIOR ELECTORAL OFFICER
                      REPRESENTED BY
Digitally signed      MODEL CODE OF CONDUCT NODEL OFFICER,
by CHETAN B           MUNI CHELUVAIAH
C                     ASSISTANT HORTICULTURAL OFFICER,
Location: HIGH        BANGALORE CITY,
COURT OF              BANGLAORE-560 065.
KARNATAKA
                   2. INSPECTOR OF POLICE
                      YELHANKA POLICE STATION,
                      BANGALORE-560 064.

                   3. THE COMMISSIONER
                      CENTRAL TAX, GST NORTH,
                      HMT BHAVAN, BANGALORE-560 032
                                                           ...RESPONDENTS
                   (BY SMT.RASHMI PATEL., HCGP)
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                                  NC: 2023:KHC:25914
                                     WP No. 15636 of 2023



     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECTING THE RESPONDENTS IMMEDIATELY TO RELEASE
THE GOODS SEIZED IN CRIME NO 129/2023 BEFORE THE
YELAHANKA POLICE STATION, BANGALORE FOR OFFENCES
PUNISHABLE UNDER SECTIONS 171 E OF INDIAN PENAL CODE
(ACT) WHICH IS PENDING ON THE FILE OF XXXVII ADDL CHIEF
METROPOLITAN      MAGISTRATE     COURT,      MAYO-HALL,
BANGALORE CITY.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

Petitioner who has been running a retail super store is

grieving before the writ court against the seizure &

retention of several household articles such as cookers,

mixers/grinders, utensils, etc., during the last general

elections to Karnataka State Legislative Assembly that

were conducted a short while ago. Learned counsel for

the petitioner submits there is absolutely no reason or

rhyme for the respondents for retaining the custody of

seized articles after the elections are over and the

Legislative House is constituted afresh. He hastens to add

that a mere pendency of Crime No.129/2023 of Yelahanka

Police Station, Bengaluru for the offences punishable

NC: 2023:KHC:25914 WP No. 15636 of 2023

u/s.171E of IPC is a poor justification for not releasing the

seized articles.

2. Learned AGA appearing for the respondents

opposes the petition contending that the seizure of the

articles took place consistent with the Model Code of

Conduct issued by the Election Commission of India;

during election process, a wide discretion lies with the

authorities since purity of the process has to be ensured;

even if there is some error of judgment in making seizure

of the articles, no grievance can be made by the petitioner

against the same. So contending he seeks dismissal of

the writ petition.

3. Having heard the learned counsel for the parties

and having perused the petition papers, this Court is

inclined to direct conditional release of the seized articles

inasmuch as elections are already over and there is no

justification for retaining their custody any longer. It is

open to the authorities to take indemnity bond for the

worth of the articles seized and also

NC: 2023:KHC:25914 WP No. 15636 of 2023

photograph/videograph of the said articles and their

packages so that the same may be made use of in the trial

of subject criminal case. Non-release in the circumstance

therefore cannot be justified.

Ordered accordingly and writ petition is disposed off.

The subject articles shall be released forthwith subject to

what has been observed herein above.

Costs made easy.

Sd/-

JUDGE cbc