Shahnawaz Hashmi Siddiqui vs The State Of Karnataka
2023 Latest Caselaw 2384 Kant

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                                                    CRL.P No. 101042 of 2023




                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                           DATED THIS THE 16TH DAY OF MAY, 2023
                                           BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                           CRIMINAL PETITION NO. 101042 OF 2023
                   BETWEEN:
                   SHAHNAWAZ HASHMI SIDDIQUI
                   S/O MURTUZA SIDDIQUI
                   AGE: 40 YEARS,
                   R/AT: NO.84, 1ST MAIN ARROD NAGAR CROSS,
                   KRISHNAGIRI COLONY, ANAND NAGAR ROAD,
                   OLD HUBBALLI, HUBBALLI -580 024.

                                                               ...PETITIONER
                   (BY SRI. G.H.MOT, ADVOCATE)
                   AND:
                   THE STATE OF KARNATAKA
                   KESHWAPUR POLICE STATION, HUBLI,
                   REPRESENTED BY ITS
                   STATE PUBLIC PROSECUTOR,
                   HIGH COURT OF KARNATAKA,
Digitally signed
by K M
                   DHARWAD BENCH, AT: DHARWAD.
SOMASHEKAR
Location: high
court karnataka
Dharwad bench                                                 ...RESPONDENT
                   (BY SMT. GIRIJA S.HIREMATH, HCGP)


                        THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
                   CR.P.C. SEEKING TO SET ASIDE THE ORDER DATED
                   11.05.2023 PASSED BY THE 2ND JMFC, AT HUBBALLI IN
                   KESHWAPUR PS. CRIME NO. 42/2023, BY ALLOWING THE
                   APPLICATION FILED BY THE PETITIONER U/SEC. 451 R/W 457
                   OF CR.P.C. FOR THE RELEASE OF SEIZED VEHICLE.

                        THIS CRIMINAL PETITION, COMING ON FOR ADMISSION,
                   THIS DAY, THE COURT MADE THE FOLLOWING:
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                                             CRL.P No. 101042 of 2023




                                  ORDER

The petitioner is before this court seeking to set aside

the order dated 11.05.2023 passed by the II JMFC, Hubballi in

Keshwapur Police Station crime No.42/2023 by allowing the

application filed by the petitioner under Sections 451 ad 457 of

Cr.P.C.

2. Learned counsel for the petitioner and learned

HCGP in unison would submit that issue in the lis stands

covered by the judgment rendered by this court in

Crl.P.No.4492/2022 decided on 17.06.2022. This court in the

said judgment held as follows:

"Learned counsel appearing for the petitioner submits

that the issue in the lis stands covered by the judgment

rendered by the Co-ordinate Bench of this Court in

Crl.P.No.100628/2022 dated 21.03.2022, wherein this Court,

has held as follows:

"3. The learned High Court Government Pleader

appearing for the respondent-State submits that the petitioner

is not entitled for release of the vehicle in view of the bar

contained in Section 6E of the Act. Hence, the learned

Magistrate has rightly passed the impugned order and the same

does not warrant any interference.

CRL.P No. 101042 of 2023

4. I have considered the submissions made by the

learned counsel for the parties.

5. It is not disputed that the vehicle belonging to the

petitioner was seized when the rice meant for public distribution

was being transported unauthorisedly which is in contravention

of the provisions contained in the Act. The co-ordinate Bench of

this Court in Criminal Petition No.137/2018 following the

decision of the Hon'ble Apex Court in the case of State of M.P.

and Others Vs. Rameshwar Rathod reported in AIR 1990

SC 1849, has held that the criminal court having jurisdiction

can exercise the power for release of the vehicle which was

involved in commission of the offence under the provisions of

the Act. In view of the same, the impugned order passed by the

learned Magistrate requires to be set aside."

2. Learned counsel would also take this court

through the order passed in Crl.P.No.671/2010 dated

21.10.2013, wherein the Co-ordinate Bench of this Court, holds

as follows:

"4. The ownership of the vehicle is not in dispute.

The only ground urged by the State is that the vehicle seized

under the provisions of Essential Commodities Act is to be

released only by the District Commissioner who is authorized

officer and not the jurisdictional Magistrate. This issue came up

CRL.P No. 101042 of 2023

for consideration before the Apex Court in AIR 1990 SC 1849,

wherein, it is held as under:-

"Normally under the Criminal Procedure Code, the

Criminal Courts of the country have the jurisdiction and the

ouster of the ordinary criminal court in respect of a crime can

only be inferred if that is the irascible conclusion flowing from

necessary implication of the new Act. In view of the language

used in Ss.6A and 7 of the Essential Commodities Act and in the

context in which this language has been used, the inference

that arises is that the criminal court retains jurisdiction and its

jurisdiction is not completely ousted."

5. Both the Courts below by following the law

declared by the Apex Court have passed the impugned orders. I

find no justifiable ground to interfere with the impugned orders.

Accordingly, the petition is hereby dismissed."

3. In the light of the orders so passed by the Co-

ordinate Bench of this Court as quoted supra, the petitioner is

entitled to succeed."

3. In the light of the aforesaid judgment and the issue

being similar, the following:

ORDER

The criminal petition is allowed. The order dated

11.05.2023 passed by the II JMFC, Hubballi on the application

CRL.P No. 101042 of 2023

filed by the petitioner under Sections 451 and 457 of Cr.P.C. is

hereby set aside. The said application under Sections 451 and

457 of the Cr.P.C. is allowed and the vehicle bearing No.KA-63-

6943 is to be released into the interim custody of the petitioner

herein, subject to the following conditions:

i) Petitioner shall execute an indemnity

bond for a sum of Rs.4,00,000/- (Rupees Four Lakhs

only) i.e., the value estimated under the PF so also

furnish only surety for the said amount to the

satisfaction of the concerned Magistrate Court.

ii) Petitioner shall not change colour and

number of the said vehicle.

iii) The colour photograph of the said vehicle

is to be taken from different angles and they should

be producted before the concerned JMFC court.

iv) The applicant-petitioner shall not transfer

the vehicle in any manner in favour of anybody till

conclusion of the proceedings.

CRL.P No. 101042 of 2023

v) The petitioner shall produce the vehicle

before the confiscation authority or before the JMFC

Court as and when directed.

sd JUDGE

MBS