Manappuram Finance Ltd challenged a police notice issued under Section 94 BNSS concerning gold articles in connection with a crime. Following the consistent view taken in an earlier writ petition involving Muthoot Finance, the Court extended the same conditional relief and disposed of the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 20244 OF 2024 (GM-POLICE)
BETWEEN:
MANAPPURAM FINANCE LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING REGISTERED OFFICE AT DODDABALLAPURA BURUKUNTE PLAZA, IST FLOOR, HEMAVATHI PET, NEAR OLD BUS STAND, DODDABALLAPURA, BENGALURU DISTRICT - 561 203.
REP BY AUTHORIZED SIGNATORY, AND AREA HEAD MR ASHOK E
…PETITIONER
(BY SRI. POORNA PRASAD K R., ADVOCATE)
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:46622 WP No. 20244 of 2024
KARNATAKA - 561 203.
…RESPONDENTS
(BY SRI.K.P.YOGANNA., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. TO QUASH THE NOTICE DATED 20-07-2024 ISSUED U/S 94 OF THE BNSS ADDRESSED TO MANAPPURAM FINANCE LIMITED, THE PETITIONER HEREIN, BY THE RESPONDENT NO 3, FURNISHED AS ANNEXURE E BEARING NO. DBP/MA PS /MONO/108/2024 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner is before this Court, seeking the following prayers:
"A. To quash the notice dated 20-07-2024 issued U/s 94 of the BNSS addressed to Manappuram Finance Limited, the Petitioner herein, by the Respondent No 3, furnished as Annexure E, Bearing No/D.B.P/MA.P.S/MO.NO/108/2024.
B. Issue direction writ of mandamus or order or direction directing the respondent police 3 not to proceed with the notice dated 20/07/2024 and furnished as Annexure E, Being No/D.B.P/MA.P.S/MA.NO/108/2024.
C. Pass an order thereby directing that during the during the pendency of this present petition, the Respondents are restrained from taking any coercive action against the petitioner and not to interfere in the day-to-day
business of the petitioner in its premises office at Manappuram Finance Limited, at Burukunte Plaza, Ist Floor, Hemavathi Pet, Near Old Bus stand, Doddaballapura Bengaluru Dt., Pin 561 203 and or at other places where the petitioners' employees are working.
D. Call for records in Cr No 108/2024 registered with the Women Police Sation, Doddaballapura Bangalore Rural District (Respondent No 3), In Annexure-E, Bearing No/D.B.P/MA.P.S/MONO/108/2024 and grant such other relief or directions as this Hon'ble Court deems fit the facts and circumstances of the case."
"The grievance of the petitioner is as to police seizing certain gold articles on the suspicion of the same being involved in a crime. Learned counsel for the petitioner submits that his client's company has been running the business inter alla of selling & buying of gold ornaments. If the said articles are bought bona fide, the police cannot barge into the premises and take away the same on the pretext that they are needed for investigation in some offence.
2. Petitioner has moved an application in I.Α. No. 1/2023 supported by an affidavit seeking leave of the Court stating certain new facts that have happened after
the filing of petition. The said application is heard along with the main matter as if it is a part of the pleadings and this has been done with the consent of Bar.
3. Leamed AGA appearing for the respondent opposes the petition intere alla contending that investigation has been explained by the Apex Court in M.T.ENRICA LEXIE VS. DORAMMA, (2012) 6 SCC 760 at Paragraph 14, as under
"The police officer in course of investigation can seize any property under Section 102 if such property is alleged to be stolen or is suspected to be stolen or is the object of the crime under investigation or has direct link with the commission of offence for which the police officer is investigating into. A property not suspected of commission of the offence which is being investigated into by the police officer cannot be seized. Under Section into by 102 of the Code, the police officer can seize such property which is covered by Section 102(1) and no other."
That being the position, no fault can be attributed to the Jurisdictional police in seizing the articles and retaining the same, subject to outcome of the investigation/trial.
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 the seized articles be restored to the petitioner after taking videograph & photographs of the same provided that petitioner furnishes an undertaking to produce the same if & when needed by the police or court in the 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.
The aforesaid order passed by the Co-ordinate Bench of this Court is in fact followed by this Court in plethora of cases concerning Muthoot Finance.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
AM
List No.: 2 Sl No.: 1
2 issues framed by the court
Whether a notice under Section 94 BNSS issued to Manappuram Finance Ltd regarding seized gold articles should be quashed.
Whether the petitioner, similarly situated to Muthoot Finance Ltd, is entitled to restoration of seized gold articles on conditions.
Colour shows how this judgement treated each authority
W.P.No.13958/2023Relied on¶3
3 provisions across 2 enactments
Manappuram Finance Ltd
The State of Karnataka by its Secretary, Home Department
The Dy. Superintendent of Police, Doddaballapura Sub Division
The Police Inspector, Women Police Station, Doddaballapura
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
