IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.18874-18875 OF 2016 (GM - POLICE) BETWEEN:
1. ATTICA GOLD PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT NO.11/4, GROUND FLOOR, SUVARNA BHAVAN, QUEENS ROAD, BENGALURU – 560 052.
REPRESENTED BY URMILA SATYANARAYANA.
2. MS. URMILA SATYANARAYANA, DAUGHTER OF SHRI.SATYANARAYANA, AGED ABOUT 43 YEARS, WORKING AT ATTICA GOLD PVT. LTD., 11/4, GROUND FLOOR, SUVARNA BHAVAN, QUEENS ROAD, BENGALURU – 560 052.
…PETITIONERS (BY MS. TARJANI DESAI, ADVOCATE FOR SRI. B.T.VENKATESH, ADVOCATE) AND:
1. STATE OF KARNATAKA, THROUGH THE DEPARTMENT OF HOME, AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU – 560 001. REPRESENTED BY ITS SECRETARY TO GOVERNMENT.
2. COMMISSIONER OF POLICE, INFANTRY ROAD, BENGALURU – 560 001. POLICE SUB INSPECTOR.
3. STATE OF KARNATAKA, THROUGH VIJAYANAGAR POLICE STATION, BENGALURU – 560 040. POLICE SUB INSPECTOR.
4. STATE OF KARNATAKA, THROUGH KAMAKSHIPALYA POLICE STATION, BENGALURU – 560 079. POLICE SUB INSPECTOR.
5. STATE OF KARNATAKA, THROUGH BASAVANGUDI POLICE STATION, BENGALURU – 560 004. POLICE SUB INSPECTOR.
...RESPONDENTS (BY SRI.VIJAY KUMAR A PATIL, LEARNED AGA FOR R1 – R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION OF MANDAMUS OR IN THE NATURE OF MANDAMUS DECLARING THAT APPROXIMATELY 197 GRAMS OF GOLD COERCIVELY COLLECTED BY R-3 VIJAYANAGARA POLICE STATION, BENGALURU FROM PETITIONER NO.1 IS ILLEGAL, UNCONSTITUTIONAL AND NON EST AND CONSEQUENTLY DIRECT THE AFORESAID R-3 VIJAYANAGARA POLICE STATION, BENGALURU TO RETURN THE SAME TO THE PETITIONER NO.1 AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Ms.Tarjani Desai, learned counsel for Mr.B.T.Venkatesh, learned Counsel for the Petitioners.
Sri. Vijay Kumar A. Patil, learned AGA for Respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioners, inter alia, have prayed for the following reliefs:-
“ (i) Issue a writ of mandamus or any other writ order or direction of mandamus or in the nature of mandamus declaring that approximately 197 grams of gold coercively collected by Respondent No.3 – Vijayanagara Police Station, Bengaluru from Petitioner No.1 is illegal, unconstitutional and non est and consequently direct the aforesaid Respondent No.3 – Vijayanagara Police Station, Bengaluru to return the same to Petitioner No.1;
(ii) Issue a writ of mandamus or any other writ order or direction of mandamus or in the nature of mandamus declaring that approximately 80 grams of gold coercively collected by Respondent No.4 – kamakshipalya Police Statioin, Bengaluru from Petitioner No.1 is illegal, unconstitutional and non est and consequently direct the aforesaid Respondent No.4 – kamakshipalya Police Station, Bengaluru to return the same to Petitioner No.1;
(iii) Issue a writ of mandamus or any other writ order or direction of mandamus or in the nature of mandamus commanding the Respondent No.5, Basavanagudi Police to restrain from compelling Petitioner No.1 to produce gold of 82.3 grams or its equivalent in money, in connection with Basavanagudi Police Station Crime No.350/2015 pending on the file of the Learned 2nd Additional Chief Metropolitan Magistrate Bengaluru;
(iv) Issue a writ of mandamus or any other writ order or direction of mandamus or in the nature of mandamus commanding the Respondents to restrain from initiating any coercive action or take any steps against the Petitioners in respect of recovery of allegedly stolen gold without the authority of duly enacted law;
(v) Pass any other / further order/s in the interest of justice”.
3. When the matter is taken up today, learned Additional Government Advocate for the Respondents submitted that recoveries have been made from the petitioners by the Police Authorities during the course of investigation in accordance with law and in case, the petitioners have any title in respect of the articles which have been recovered by the Police Authorities from them, the petitioners have a remedy of approaching the Magistrate.
4. In view of the aforesaid submission, the writ petitions are disposed of with a liberty to the petitioners to approach the Court of competent jurisdiction seeking release of the articles which are seized from them, if they are so entitled.
5. With the aforesaid liberty, the writ petitions are disposed of.
Sd/- JUDGE Srl.