Karnataka High Court
Kiran Kumar J vs The State Of Karnataka on 29 February, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:8533
CRL.P No. 858 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 858 OF 2024
BETWEEN:
1. KIRAN KUMAR J
S/O JAYARAM V
AGED ABOUT 40 YEARS
R/AT KORALAHALLI
KACHINAKATTE VILLAGE
SHIVAMGOGA TAUK AND
DISTRICT - 577 201.
2. YUVARAJ B
S/O LILAVATHI
AGED ABOUT 31 YEARS
R/O N T ROAD, NEW MANDLI
SHIVAMOGGA - 577 201.
...PETITIONERS
(BY SRI HANUMANTHAPPA A, ADV.)
AND:
Digitally signed
by B A
KRISHNA
KUMAR
1. THE STATE OF KARNATAKA
Location: HIGH THROUGH STATION HOUSE OFFICER
COURT OF
KARNATAKA TUNGANAGAR POLICE STATION
SHIVAMOGGA REP BY STATE
PUBLIC PROSECUTOR
HIGH COURT BUILDING
ADVOCATE GENERAL OFFICE
BANGALORE - 560 001.
2. SRI SHIVAPRASAD PSI-1
TUNGANAGAR POLICE STATION
SHIVAMOGGA - 577 201.
...RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP)
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NC: 2024:KHC:8533
CRL.P No. 858 of 2024
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE
ORDER PASSED BY THE I ADDL.DISTRICT AND SESSIONS JUDGE
PASSED IN CRL.RP.NO.12/2023 DATED 19.12.2023 AND SET ASIDE
THE ORDER PASSED BY THE V ADDL.CIVIL JUDGE AND J.M.F.C
SHIVAMOGGA PASSED IN CR.NO.531/2022 COURT
CR.NO.1023/2022 DATED 23.01.2023 AND DIRECT THE
RESPONDENT POLICE SHALL FORTHWITH RELEASE THE VEHICLE
BEARING NO.KA-14-C3616 IN FAVOUR OF 1ST PETITIONER AND
VEHICLE BEARING NO.KA-30-7507 IN FAVOUR OF 2ND PETITIONER,
IN THE INTEREST OF JUSTICE AND EQUITY AND PASS SUCH ANY
OTHER ORDER OR ORDERS IN THE FACTS AND CIRCUMSTANCES OF
THE CASE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Petitioners herein claiming to be the registered owners of
goods carrier vehicles bearing registration Nos.KA-14/C-3616
and KA-30-7509, have approached this Court with a prayer to
set aside the order dated 23.01.2023 passed by the Court of V
Addl. Civil Judge & JMFC, Shivamogga, in Crime No.531/2022
and Crime No.1023/2022 on the application filed by the
petitioners under Section 457 Cr.PC, and the order dated
19.12.2023 passed by the Court of I Addl. District & Sessions
Judge, Shivamogga, in Crl.R.P.No.12/2023 confirming the order
passed by the learned Magistrate.
2. Heard the learned Counsel for the parties.
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3. The dispute involved in this case is covered by the
judgment of the coordinate bench of this Court in
Crl.P.No.100628/2022 disposed of on 21.03.2022, wherein this
Court has observed as under:
"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.
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
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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."
4. In Crl.P.No.671/2010 disposed of on 21.10.2013, the
coordinate bench of this Court in paragraphs 4 & 5 has
observed as under:
"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
Deputy Commissioner who is authorized officer and
not the jurisdictional Magistrate. The issue came up
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 irresistible 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."
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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."
5. In view of the aforesaid orders passed by this Court which
have been followed by the coordinate bench of this Court in
Crl.P.No.100628/2022 and Crl.P.No.4492/2022, I am of the
view that the petitioners are entitled for the relief sought for in
this petition. Accordingly, the following order:
6. Petition is allowed. The order dated 23.01.2023 passed
by the Court of V Addl. Civil Judge & JMFC, Shivamogga, in
Crime No.531/2022 and Crime No.1023/2022 on the
application filed by the petitioners under Section 457 Cr.PC,
and the order dated 19.12.2023 passed by the Court of I Addl.
District & Sessions Judge, Shivamogga, in Crl.R.P.No.12/2023
confirming the order passed by the learned Magistrate, are set
aside. The application filed by the petitioners under Section 457
Cr.PC in respect of their vehicle bearing registration Nos.KA-
14/C-3616 and KA-30-7509, is allowed, and the said vehicles
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are directed to released to their custody, subject to the
following conditions:
(i) Petitioners shall execute an indemnity bond for a
sum of Rs.4,00,000/- (Rupees Four Lakhs only)
each i.e., the value estimated under the PF so also
furnish one surety for the said amount to the
satisfaction of the concerned Magistrate Court.
(ii) Petitioners shall not change colour and number of
the said vehicles.
(iii) The colour photographs of the said vehicles is to be
taken from different angles and they should be
produced before the concerned JMFC Court.
(iv) The applicants-petitioners shall not transfer the
vehicles in any manner in favour of anybody till
conclusion of the proceedings.
(v) The petitioners shall produce the vehicles before the
confiscation authority or before the JMFC Court as
and when directed.
Sd/-
JUDGE
KK
