IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.33641 OF 2014 (GM-RES) BETWEEN:
INDIA INFOLINE FINANCE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT INDIA INFOLINE HOUSE, SUN INFOTECH PARK ROAD NO.16, PLOT NO.B-23 MIDC THANE INDUSTRIAL ESTATE WAGLE ESTATE, THANE-400 604 ALSO HAVING IT BRANCH OFFICE AT INDIA INFOLINE FINANCE LIMITED BANGALORE MYSORE ROAD NEAR MRF SHOWROOM IJOOR, RAMANAGAR-562 159 REPRESENTED BY ITS TERRITORY MANAGER MR.MANJUNATHA M … PETITIONER (BY SHRI. RAGHURAM, ADVOCATE FOR SHRI. C.K. NANDAKUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHAN SOUDHA DR.AMBEDKAR VEEDHI BANGALORE-560 001 2. THE DEPUTY SUPERINTENDENT OF POLICE ECONOMIC OFFENCES DIVISION CRIMINAL INVESTIGATION DEPARTMENT CARLTON HOUSE, PALACE ROAD BANGALORE-560 001 3. THE SUPERINTENDENT OF POLICE MANDYA DISTRICT MANDYA-571 401 4. THE SUB-INSPECTOR OF POLICE MADDUR POLICE STATION MADDUR, MANDYA-571 401 ... RESPONDENTS (BY SMT. SHWETA KRISHNAPPA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER/NOTICE DTD.17.6.2014 (ANNEX-A) ISSUED BY THE R-2 SEEKING ASSISTANCE OF THE PETITIONER COMPANY SEIZE GOLD ORNAMENTS/JEWELS OF 80 INDIVIDUAL GOLD LOAD ACCOUNTS ARE ILLEGAL AND ARBITRARY AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri Raghuram, learned advocate for the petitioner and Smt. Shweta Krishnappa, learned AGA for the respondents.
2. In this writ petition, petitioner is challenging seizure order dated 17th June, 2014 passed by the Deputy Superintendent of Police, CID, Bengaluru, seizing 18 kgs gold in Crime No.104/2013 registered in Maddur Police Station.
3. Learned AGA, on instructions, submits that after investigation, police have filed charge sheet before JMFC, Maddur. Therefore, petitioner may approach the learned Magistrate seeking appropriate relief.
4. As prayed for by learned advocate for petitioner, this petition is disposed of with liberty to make appropriate application before the learned Magistrate seeking interim custody or release of gold.
No costs.
Sd/- JUDGE AV