Karnataka High Court
Muthoot Finance Limited vs The State Of Karnataka on 4 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:19140
WP No. 13691 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 13691 OF 2024 (GM-POLICE)
BETWEEN:
MUTHOOT FINANCE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956
HEAD OFFICE AT MUTHOOT CHAMBERS
OPP SARITHA THEATRE COMPLEX,
BANERJEE ROAD
KOCHI - 682 018
HAVING ONE OF ITS BRANCH AT 1ST FLOOR,
TAMBOLI BUILDING, FORT ROAD,
OLD HUBLI, HUBLI - 580 024
REP BY ITS AUTHORIZED OFFICER
SRI AJUMON P GEORGE
...PETITIONER
(BY SRI. ANISH JOSE ANTONY., ADVOCATE)
AND:
Digitally
signed by 1. THE STATE OF KARNATAKA
Vandana S BY ITS SECRETARY,
Location: HOME DEPARTMENT,
HIGH VIDHANA SOUDHA
COURT OF BENGALURU - 560 001
KARNATAKA
2. THE STATION HOUSE OFFICER/SUB
INSPECTOR OF POLICE
J P NAGAR P S, 21ST MAIN RD,
R K COLONY, R K COLONY
2ND PHASE, J P NAGAR
BENGALURU
KARNATAKA - 560 078
...RESPONDENTS
(BY SRI.S.T. NAIK., AGA)
-2-
NC: 2024:KHC:19140
WP No. 13691 of 2024
THIS WP IS FILED UNDER ARTICLE 229 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE SEIZURE
MADE AS PER THE ANNEXURE D SEIZURE IS ARBITRARY AND IS IN
VIOLATION OF FUNDAMENTAL RIGHTS GURANTEED UNDER ARTICLE
14 AND 19(1)(G) OF THE CONSTITUTION OF INDIA AND QUASH THE
ANNEXURE-D SEIZURE MAZHAR (AMANATHU PANCHAMA) DATED
19/04/2024 PREPARED BY THE R2 & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner seeks the following reliefs:
"a. Declare that the seizure made as per the Annexure-D
seizure is arbitrary and is in violation of fundamental rights
guaranteed under Article 14 and 19(1)(g) of the Constitution
of India and quash the Annexure-D seizure Mahazar
(Amanathu Panchanama) dated 19.04.2024 prepared by the
2nd Respondent.
b. To quash the notice dated 19.04.2024 addressed to, the
Petitioner herein, by the Respondent No.2, furnished as
Annexure-C and all subsequent actions thereafter.
c. Direct the restoration of seized articles to the petitioner in
similar terms as in Annexure-E order passed by this Hon'ble
Court in W.P.13958/2023 date 10.07.2023 and Annexure-F
order passed by this Hon'ble Court in WP No.1015/2024
dated 12.01.2024 in the interest of justice and equity.
d. And grant such other relief or directions as this Hon'ble
Court deems fit the facts and circumstances of the case."
NC: 2024:KHC:19140
2. Heard learned counsel for the petitioner and learned
AGA for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged
in the memorandum of petition and referring to the material on
record, learned counsel for the petitioner submits that the issue in
controversy involved in the present petition is directly and squarely
covered by the judgment of a Co-ordinate Bench of this Court at
Annexures-E and F and the present petition may be disposed of in
the above terms.
4. As rightly contended by the learned counsel for the
petitioner, the issue in controversy in the present petition is covered
by the judgment of this Court in the case of M/s. Muthoot Finance
Ltd., Kanakapura Branch Vs. State of Karnataka and another -
W.P.No.13958/2023 dated 10.07.2023 (Annexure-E) wherein it is
held as under:
"4. Having heard the learned counsel for the parties
and having perused the petition papers, this Court is
inclined to grant conditional indulgence in the matter to the
effect that seized articles be restored to the petitioner after
taking videograph and photographs of the same provided
that petitioner furnishes an undertaking to produce the
same if and when needed by the police or court in the
NC: 2024:KHC:19140
enquiry, investigation or in the trial of the proceedings. The
said articles shall not be converted, pledged or sold or
otherwise disposed off till after and subject to outcome of
the criminal case concerned. This would do justice to both
the sides.
With the above observations, this writ petition is
disposed off directing the police to restore the seized
articles to the petitioner forthwith; if other articles are
needed, then also the same procedure shall be followed. If
the articles are already produced before the jurisdictional
Court, the learned Magistrate is requested to release the
same in favour of the petitioner subject to the terms
hereinabove mentioned and such other usual terms.
Costs made easy."
5. The aforesaid judgment is followed by this Court in the
case of M/s. Muthoot Finance LTD., V.V. Puram Branch Vs.
State of Karnataka and another - W.P.No.1015/2024 dated
12.01.2024 (Annexure-F), wherein this Court has held as under:
"4. In the light of the issue standing covered by
judgment rendered by the Co-ordinate Bench supra, the
petition stands disposed of on the same terms."
6. In view of the above, the writ petition is disposed of in
terms of the orders passed in the cases of M/s. Muthoot Finance
Ltd., Kanakapura Branch Vs. State of Karnataka and another:
W.P.No.13958/2023 dated 10.07.2023 (Annexure-E) and M/s.
NC: 2024:KHC:19140
Muthoot Finance LTD., V.V. Puram Branch Vs. State of
Karnataka and another - W.P.No.1015/2024 dated 12.01.2024
Further, the respondents are directed to return the seized
gold articles back to the petitioner within one month from the date
of receipt of a copy of this order in terms of Annexure-D.
Subject to the aforesaid observations and directions, the Writ
Petition stands disposed of.
Sd/-
JUDGE
BMC
