Allowed

Sri Nallasamy P S/O Palaniappan v. the State of Karnataka

Karnataka HC5 Sept 2022CRL.P/102164/2022

Case brief

AI extract

What is this about?

The High Court allowed the criminal petition under Section 482 Cr.P.C. quashing the order rejecting the interim release of a seized lorry involved in an Essential Commodities Act case. The court directed the release of the vehicle to the petitioner subject to executing an indemnity bond, posting sureties, and imposing conditions to prevent tampering or transfer.

What did the court decide?

The impugned order dated 05.07.2022 was quashed; the application under Section 457 Cr.P.C. was allowed, directing the release of the seized lorry to the petitioner's interim custody subject to specifi

Sri Nallasamy P S/O Palaniappan Vs the State of Karnataka — Property and Title | Karnataka HC (2022)

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CRL.P No. 102164 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 102164 OF 2022 (482-)

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BETWEEN:

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SRI NALLASAMY P. S/O. PALANIAPPAN, AGE. 36 YEARS, OCC. OWNER OF THE VEHICLE, R/O. C/O. PALANI, 19, VADAKKU KADU KOLAKKARAI, MOTHAIYANUR POST, V.T.C. CHINNAGOUNDANUR, POST. SANKARI WEST, SUB DISTRICT SANKARI, DIST. SALEM, TAMIL NADU, PIN. 637 303.

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…PETITIONER

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(BY SRI. D.V.PATTAR., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLICE PROSUECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH (THROUGH YELBURGA POLICE STATION) KOPPAL PIN-583 227.

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THE DEPUTY COMMISSIONER

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FOOD AND CIVIL SUPPLY AND CONSUMER READRESSEL FORUM DEPARTMENT KOPPAL, DIST. KOPPAL, PIN 583 235.

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…RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH., HCGP FOR R1 AND R2)

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THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED INTERIM ORDER DATED

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CRL.P No. 102164 of 2022

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05.07.2022 PASSED BY THE RESPONDENT NO.2 THEREBY REJECTING THE ORDER OF VEHICLE RELEASE INVOLVED IN CRIME NO.104/2022 FOR THE OFFENCE PUNISHABLE U/SEC. 3 AND 7 OF ESSENTIAL COMMODITY ACT, 1955 AND U/SEC. 18 OF ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM), PUBLIC CONTROL ORDER, 2016, THE SAME HAS BEEN REGISTERED BY THE RESPONDENT NO.1 AUTHORITY VIDE ANNEXURE-D AND ETC,.

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

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ORDER

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Being aggrieved by rejection of his application filed for release of lorry bearing registration No.TN-52/J-9495 to his interim custody pending disposal of criminal case in Crime No.104/2022, petitioner has come up with his petition under Section 482 Cr.P.C.

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It is case of the petitioner that he is the registered owner of lorry bearing registration No.TN-52/J9495. Based on the complaint dated 07.06.2022 filed by Food Inspector, Yelburga, the Yelburga Police have registered case in Crime No.104/2022 for the offences punishable under sections 3 and 7 of Essential

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Commodities Act, 1955 and Section 18 of the Karnataka

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CRL.P No. 102164 of 2022

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Essential Commodities (Public Distribution System) Control Order, 1992 against one Bhupathi and Arjun. They have seized the lorry in question. The same is parked exposed to sun and rain. It is required for day-to-day use of the petitioner. Seeking its interim release, he filed application before the Deputy Commissioner. However, vide the impugned order, his application came to be rejected.

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During the course of arguments, learned counsel for petitioner urged that petitioner has availed loan of Rs.24,48,000/- and required to pay Rs.51,000/EMI. He also incurs expenses of Rs.55,000/- towards payment of salary to the driver and cleaner. If the vehicle is not released to his interim custody, it becomes very difficult for him to eakout his livelihood and also fulfill the above economic liability. If the vehicle is not used, it will be spoiled and its value would be deteriorated. GPS is set up to the vehicle and as such, it is not possible to remove it from the jurisdiction from the concerned police. He is ready to abide by any stringent conditions that may be imposed and prays to allow the petition.

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CRL.P No. 102164 of 2022

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Opposing the petition, the learned HCGP

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submits that the petitioner and the vehicle are hailing from Tamil Nadu and it may not be possible to secure the vehicle and prays to reject the petition.

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Heard arguments and perused the records.

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The allegations against accused No.1 and 2 are

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that on 07.06.2022, when the lorry in question was intercepted by the complainant, it was found that 380 bags of rice meant for distribution under the PDS Scheme were being transported illegally. Already the concerned police have conducted Mahazar and seized the lorry in question. At this stage, the presence of the vehicle is no longer required for investigation. As rightly contended by the petitioner if the vehicle is parked without use, it will be damaged and its value would be deteriorated. The apprehension of the prosecution that petitioner and the vehicle being hailing from Tamil Nadu, it may difficult to secure its presence would be overcome by imposing stringent conditions and also directing the concerned

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CRL.P No. 102164 of 2022

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police to intimate the concerned RTO to make entry in the concerned register about the pendency of case in Crime No.104/2022 of Yelburga P.S. Accordingly, I proceed to pass the following:

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ORDER

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The criminal petition is allowed.

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The order passed by respondent No.2 dated 05.07.2022 is hereby quashed and the application filed under section 457 of Cr.P.C., by the petitioner-lorry owner is hereby allowed.

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In the result, the lorry bearing registration No.TN-52/J-9495 seized in Crime No.104/2022 of Yelburga Police Station is ordered to be released to the interim custody of the petitioner subject to following conditions.

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i) Petitioner shall execute indemnity bond for an amount of Rs.10,00,000/- (Rupees Ten lakh only) i.e., the value estimated under the PF so also furnish two sureties for the said amount to the satisfaction of the concerned Magistrate Court.

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CRL.P No. 102164 of 2022

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ii) Petitioner herein shall not change the colour and identity of the said vehicle.

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iii) Colour photographs of the said vehicle is ordered to be taken from different angles and they should be produced before the concerned JMFC Court.

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iv) The petitioner shall not transfer the vehicle in any manner in favour of anybody till conclusion of the proceedings.

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v) The petitioner shall produce the vehicle before the JMFC Court as and when directed.

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vi) The jurisdictional police are directed to intimate the concerned RTO to make entry in the concerned register about the pendency of case in Crime No.104/2022 of Yelburga P.S.

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Sd/JUDGE

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yan

Sri Nallasamy P S/O Palaniappan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Nallasamy P S/O Palaniappan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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