Partly allowed

Sri. Dewaraju v. State by District Forest Officer

Karnataka HC15 Mar 2021WP/783/2021

Case brief

AI extract

What is this about?

Writ petition challenging a lower court order requiring a Rs.6 lakh bank guarantee for interim custody of seized vehicles. Court found the amount excessive versus vehicle value and modified the bond to Rs.2 lakh while retaining the indemnity bond.

What did the court decide?

Order modified to require bank guarantee of Rs.2 lakhs; order for indemnity bond of Rs.6 lakhs retained.

Sri. Dewaraju Vs State by District Forest… — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^th DAY OF MARCH, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE H.P. SANDESH

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WRIT PETITION NO.783/2021(GM-RES)

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BETWEEN:

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SRI DEWARAJU S/O ANNEGOWDA AGED ABOUT 46 YEARS R/O BENAKANAHALLI SAKLESHPURA TALUK HASSAN DISTRICT. … PETITIONER

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(BY SRI RAMESH KUMAR R.V., ADVOCATE)

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AND:

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STATE BY DISTRICT FOREST OFFICER MADIKERI, KODAGU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. … RESPONDENT

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(BY SRI MAHESH SHETTY, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C PRAYING TO QUASH/RELAX/MODIFY THE ORDER IMPUGNED DATED 13.11.2020 PASSED IN CRIMINAL APPEAL No.41/2020 BY THE PRL. DISTRICT AND SESSIONS JUDGE, KODAGU, MADIKERI, INSOFAR AS IMPOSING A CONDITION TO EXECUTE INDEMNITY BOND FOR A SUM OF Rs.6,00,000/- WITH A BANK GUARANTEE FOR THE SAID SUM, ANNEXURE-B TO THIS PETITION, IN ORDER TO ENABLE THE PETITIONER TO HAVE THE INTERIM CUSTODY OF THE TRACTOR AND TRAILER BEARING KA-46-T-1206 AND KA-46-T-1207.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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This petition is filed under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying this Court to issue an order of direction in the nature of writ of certiorari to quash/relax/modify the order impugned dated 13.11.2020 passed in Crl.A.No.41/2020 by the Principal District and Sessions Judge, Kodagu, Madikeri, insofar as imposing a condition to execute an indemnity bond for a sum of Rs.6 lakhs, with the bank guarantee for the said sum as per Annexure-B to this petition in order to enable the petitioner to have interim custody of the tractor-trailer bearing registration Nos.KA-46-T1206 and KA-46-T-1207 and pass such other reliefs as deem fit in the facts and circumstances of the case.

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The factual matrix of the case is that the tractortrailer was seized on the credible information of illegal transportation of Betee Billets being the forest produce in the subject matter of the vehicle. The Principal District and Sessions

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Judge passed an order for releasing the tractor-trailer subject to executing an indemnity bond for a sum of Rs.6 lakhs with bank guarantee for the said sum.

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Learned counsel would vehemently contend that the very value of the tractor-trailer is only a sum of Rs.2 lakhs and in order to substantiate his contention, he also produced the additional documents today before the Court. The model of the tractor-trailer is of the year 2006 and 2007, which finds mention in the copy of the insurance policy and the IDV of the vehicle is mentioned as Rs.1,10,000/-. Learned counsel referring to these documents would contend that an order directing to furnish the bank guarantee to the tune of Rs.6 lakhs is on the higher side when the very tractor-trailer is valued approximately for a sum of Rs.2 lakhs as per the documents, hence, the condition imposed by the Principal District and Sessions Judge for releasing the vehicle is to be modified.

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Per contra, learned HCGP appearing for the State

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would submit that the vehicle was used in illegal transportation of the betee billets being the forest produce and thus attracts

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the Forest Offence. The Principal District and Sessions Judge has rightly directed to furnish the bank guarantee for an amount of Rs.6 lakhs apart from executing the indemnity bond.

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Having heard the learned counsel appearing for the petitioner and also the learned HCGP for State, learned counsel for the petitioner would rely upon the documents i.e., certificate of registration and certificate of fitness, which discloses that the model of the tractor-trailer is of the year 2006 and 2007 that is almost 15 years has been elapsed. The IDV of the said vehicle as mentioned in the insurance policy issued by the Future General Total Insurance Solutions is Rs.1,10,000/-.

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Having perused the two documents produced by the learned counsel for the petitioner and also considering the fact that the model of the vehicle is of the year 2006 and 2007, it appears that the amount assessed by the Principal District and Sessions Judge for imposing the condition to execute the bank guarantee for a sum of Rs.6 lakhs is on the higher side.

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Having perused the order passed by the Principal District and Sessions Judge, the order with regard to furnishing of bank guarantee for Rs.6 lakhs is modified by directing the petitioner to furnish the bank guarantee for a sum of Rs.2 lakhs and retaining the order of executing the indemnity bond for a sum of Rs.6 lakhs.

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With these observations, the petition is disposed off.

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Sd/JUDGE

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PYR

Sri. Dewaraju v. State by District Forest Officer

Case brief

What is this about?

What did the court decide?

Sri. Dewaraju v. State by District Forest Officer

Case brief

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