Karnataka High Court
Arun Mahesh Chand Modi S/O Mahesh Chand ... vs The State Of Karnataka on 22 February, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 106884 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 106884 OF 2023 (GM-EC)
BETWEEN:
ARUN MAHESH CHAND MODI
S/O MAHESH CHAND MODI
AGED ABOUT 45 YEARS,
288, DURGA CHOWK,
KANHIWADA, SEONI,
MADHYA PRADESH 480990
...PETITIONER
(BY SRI. T. BASAVANA GOUD,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPTD. BY ITS SECRETARY
DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND
YASHAVANT
NARAYANKAR
CONSUMER AFFAIRS
VIKAS SOUDHA, AMBEDKAR VEEDHI,
BENGALURU 560001
Digitally
signed by
YASHAVANT
NARAYANKAR 2. THE DEPUTY COMMISSIONER
GADAG 582101
DIST. GADAG
...RESPONDENTS
(BY SRI. PRAVEEN UPPAR., AGA FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO IS FILED PRAYING
TO,I. QUASH THE ORDER DATED 04.09.2023 ORDERING THE
PETITIONER TO DEPOSIT AS SECURITY AMOUNT IN FAVOUR OF
DEPUTY COMMISSIONER, GADAG MADE IN
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WP No. 106884 of 2023
NO.AAHARA/DRA/RICE/ECA/VAHI/02/2019-20/108 PASSED BY THE
SECOND RESPONDENT, BEING TOTALLY ARBITRARY, ERRONEOUS
WITHOUT JURISDICTION AND AMOUNTING TO ABUSE OF PROCESS
OF COURT, IN THE INTEREST OF JUSTICE AND EQUITY
(ANNEXURE-J) AND ETC.
THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the
following reliefs:
i. Quash the Order dated: 04.09 2023 ordering for
the petitioner to deposit as security amount in
favour of Deputy Commissioner, Gadag made in
No. Aahara/DRA/RICE/ECA/VAHI/02/2019-
20/108 passed by the second respondent, being
totally arbitrary, erroneous without jurisdiction
and amounting to abuse of process of Court, in
the interest of justice and equity. (Annexure-])
ii. Direct the second respondent herein to
release/refund security deposit of Rs.
25,00,000/- to the petitioner by accepting the
personal indemnity bond in the said regard.
iii. Grant such other and further reliefs as are just
even including the costs of this petition in the
interest of justice and equity.
2. The petitioner's vehicle was seized by respondent No.2
alleging that the said vehicle had been used for
transporting rice belonging to PDS and a complaint was
registered under Section 3 and 7 of the Essential
Commodities Act, 1955 ['Act' for short] in Crime
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No. 79/2019. An application having been filed before the
Deputy Commissioner for release of the vehicle, the
petitioner was directed to deposit a sum of
Rs,25,00,000/- as a condition precedent for such release.
The condition having been satisfied, the vehicle was
released in favor of the petitioner.
3. The petitioner now contends that the said order directing
the deposit of the value of the vehicle is not proper and
by relying on a judgment of this court dated 30.01.2020
in Criminal Revision Petition No.100105/2019, he submits
that an indemnity bond for the value of the vehicle would
have been sufficient for release of the vehicle.
4. Having heard the learn counsel for the petitioner and
having perused the judgment dated 30.01.2020 in
Criminal Revision Petition No.100105/2019, I pass the
following:
ORDER
i. The writ petition is allowed.
ii. The order dated 4.09.2023 passed by respondent
No.2 at Annexure-J is modified. Respondent No.2 is
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directed to refund the security deposit made by the
petitioner, subject to the petitioner executing a
personal indemnity bond for the like amount within
a period of 30 days from the date of receipt of copy
of this order.
iii. All other conditions will remain unaltered.
Sd/-
JUDGE
LN
