Allowed

Sri Irshad Bhasha Tonse v. State of Karnataka

Karnataka HC22 Sept 2021CRL.P/5945/2021

Case brief

AI extract

What is this about?

Criminal PETITION to quash an order rejecting an application for release of four boats seized by the Mines and Geology Department. The High Court set aside the impugned order and allowed the release subject to execution of an indemnity bond and undertaking not to alter boat identity.

What did the court decide?

Set aside impugned order; allowed application to release four seized boats; directed IO to release boats subject to indemnity bond execution and guarantee against identity change.

Sri Irshad Bhasha Tonse Vs State of… — Constitutional and Fundamental Rights | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO.5945 of 2021

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BETWEEN

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SRI IRSHAD BHASHA TONSE S/O. ABUBAKKAR SAHEB TONSE, AGED MAJOR, RESIDING AT KAMBALATHOTA, PADUTHONSE VILLAGE, UDUPI TALUK – 576 104.

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... PETITIONER

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(BY SRI HAREESH BHANDARY T., ADVOCATE)

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AND

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STATE OF KARNATAKA, THE GEOLOGIST, MINES AND GEOLOGY DEPARTMENT, RAJATHADRI, MANIPAL, UDUPI - 576 104, REPRESENTED BY S.P.P.

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...RESPONDENT

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(BY SRI MAHESH SHETTY, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE ORDER DATED 09.07.2021 IN C.C.NO.1317/2021 BY THE I ADDITIONAL CIVIL JUDGE AND J.M.F.C., UDUPI AND TO RELEASE THE AFORESAID FOUR BOATS TO THE INTERIM CUSTODY OF THE PETITIONER.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned High Court Government Pleader accepts notice for the respondent-State.

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This petition is filed by the petitioner who is said to be the owner of four boats seized by the respondent-Mines and Geology Department challenging the order passed by the I Additional Civil Judge and JMFC, Udupi in C.C.No.1317/2021 for rejecting the release of boats seized by the Mines and Geology Department.

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Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.

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The case of the petitioner is that one Mahesh, Geologist, Mines and Geology Department, Udupi filed a private complaint before the Magistrate in PCR No.37/2021 alleging that on 22.06.2021, the complainant-Geologist along with Village Accountant visited Kambalathota, Paduthonse Village and it is noticed by him that some

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mining activities taken place by removing the sand from the river. They found four boats in the Swarna River and found some sand in the said boats. Therefore, suspected sand was extracted and transported illegally. Accordingly, they seized four boats and the private complaint has been filed against the petitioner who is the owner of the boats.

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The petitioner approached the Magistrate for releasing the four boats by filing an application under Section 457 of Cr.P.C. which came to be rejected. Hence, the petitioner is before this Court.

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Perused the order passed by the learned Magistrate where the Magistrate has rejected the application only on the ground that the offence is under MMRD Act. The petitioner is a habitual offender and he has continuously doing an offence alleged.

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Learned counsel for the petitioner submits that

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the boats were used only for the purpose of fishing and not for any other unlawful acts and that itself is not a ground

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to say that he has extracted the sand and transported the same illegally . However, the matter requires to be investigated by the Magistrate in full fledged trial. Therefore, pending disposal of the case filed against the petitioner, keeping the boat idle will not serve any purpose and the same shall be released to the petitioner on some terms and conditions Therefore, I am of the view that by imposing certain conditions, if the boats are released to the petitioner, i.e. to the owner of the said four boats, no prejudice would be caused to the case of the prosecution. Accordingly, the order passed by the Trial Court rejecting the application requires to be set aside.

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Accordingly, the criminal petition is allowed. The order passed by the I Additional Civil Judge and JMFC, Udupi in C.C.No.1317/2021 dated 09.07.2021 is hereby set aside. The application filed by the petitioner under Section 457 of the Cr.P.C. before the Trial Court is allowed. The Investigating Officer is directed to release the four boats to the petitioner, subject to the following conditions:

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i. The petitioner shall execute an Indemnity Bond for a sum of Rs.4,50,000/- (Rupees Four Lakh and Fifty Thousand only) with a surety for the likesum to the satisfaction of the trial Court, and

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ii. The petitioner shall not change the identity of the boat.

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Further, while releasing the boat, the respondent authorities shall take the photographs of the boats and submit the same to the trial Court.

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SD/JUDGE

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GBB

Sri Irshad Bhasha Tonse v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Irshad Bhasha Tonse v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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