Petitioner sought quashing of search warrant issued against her premises. Court held warrant untenable due to lack of material linking petitioner to transaction or possession of seized gold, quashing warrant and ordering release of gold subject to bond.
Search warrant quashed, seized gold to be released subject to personal bond with surety.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3030 OF 2023
BETWEEN:
SMT. GOMI @GOMEE @ GOMEE SHAILESH W/O SHAILESH D AGED ABOUT 43 YEARS R/O NO. 47, MULLA MANSION MAIN ROAD, OPP HEAD POST OFFICE HARIAHARA - 577 601. DAVANAGERE DISTRICT ADDITIONAL ADDRESS: R/O NO 7/7/7, MARATHA GALLI HAVALADA BEEDI NEAR SRI CHOWDAMMADEVI WATER FILTER, HARIHARA DAVANAGERE DISTRICT.
…PETITIONER
(BY SRI. V B SIDDARAMAIAH, ADVOCATE)
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
AND:
…RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R1 SRI R B DESHPANDE, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER FOR SEARCH WARRANT DATED 15.09.2021 PASSED BY THE COURT OF THE JMFC II COURT, AT DAVANAGERE, (NOW BEFORE THE IST ADDITIONAL CIVIL JUDGE AND JMFC DAVANAGERE) IN CR.NO.62/2021 PASSED IN THE ORDER SHEET TO SEARCH THE M/s. SRI.SAI JEWELLERS AT SL.NO.1 OF SCHEDULE TO THE ORDER WHICH IS OBTAINED BY MISLEADING THE HON'BLE COURT AND CONSEQUENTIAL SEIZURE DATED 16.09.2021 VIDE PF NO.42 AND ETC.,
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The second respondent lodged first information report alleging that accused Nos.1 and 2 having purchased wholesale gold with an intention to cheat have not paid the sale consideration. During the course of investigation, the Investigating Officer obtained search warrant for searching the schedule premises enumerated in the search warrant and in the search warrant the shop belonging to the petitioner herein is also enumerated.
NC: 2023:KHC:39652 CRL.P No. 3030 of 2023
Investigating Officer is not tenable in law, and the subsequent seizure of the gold from the petitioner's premises stands vitiated.
ORDER
i. The search warrant dated 15.09.2021 passed by the Court of the JMFC - II, Davanagere in Crime No.62/2021 registered by the Basavanagara Police Station, Davanagere is hereby quashed.
ii. Respondent No.1 to release the seized articles / gold ornaments belonging to the petitioner in PF. No.42/2021 at Sl.Nos.1 to 53, 55, 57 to 59 in Crime No.62/2021 on the file of the I Additional Civil Judge and JMFC, Davanagere, subject to the following condition:
a) The petitioner shall execute a personal bond for the value of the gold seized and furnish one surety for the like sum.
Sd/JUDGE
VMB
List No.: 1 Sl No.: 12
2 issues framed by the court
Whether search warrant conducted at petitioner's premises was legal when she was not implicated in purchase of gold from complainant.
Whether subsequent seizure of gold from petitioners premises stands vitiated for lack of nexus with her business.
Smt. Gomi @ Gomee @ Gomee Shailesh W/o Shailesh
State
Sri Rithesh Kumar Jain
Hemant Chandangoloudar
As recorded by the court registry
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