IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.35923/2019(GM-RES) BETWEEN:
KARAMJEET SINGH S/O PREETHAM SINGH AGED ABOUT 44 YEARS R/AT GUMATI VILLAGE MADANPURA VILLAGE KURUKSHETHRA HARYANA STATE – 136119. … PETITIONER (BY SRI.DHANANJAY KUMAR, ADV.
AND:
THE STATE OF KARNATAKA REP. BY KENGERI EXCISE P.S., BENGALURU WEST KENGERI, REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560001. ... RESPONDENT (BY SMT. K P YASHODHA, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA READ WITH SECTION 482 OF CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE ORDER DATED 21.12.2018 PASSED BY THE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE & SPL. JUDGE (NDPS), BENGALURU IN CRIME NO.19/2018-19, REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8C, 18A, 21(B), 25, 61 OF NDPS ACT, VIDE ANNEXURE – A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY COURT MADE THE FOLLOWING:-
ORDER Learned State counsel accepts notice for respondent.
2. Petitioner is the owner of tanker bearing No.HR 37 D3715 (Tata 3718 tanker). The said vehicle was seized by the respondent/police in Crime No.19/2018-19 for the offence punishable under Sections 8C, 18A, 21(B), 25, 61 of NDPS Act. Opium consists of 2 packets containing 250 mgs and 200 gms totaling 450 gms has been recovered and further, respondent/police have seized the aforesaid vehicle from where opium is recovered which has not been released.
3. Seizure of the vehicle and not releasing the vehicle may not be appropriate for the reason that the alleged vehicle is involved in NDPS matter and opium is stated to have been seized. Therefore, in order to avoid future complexities in the case, if it is released in favour of the petitioner with stringent conditions, it is beneficial not only to the State but also to the petitioner and it would serve the ends of justice. Accordingly, I pass the following:
ORDER Petition is allowed. Consequently, the application filed by the petitioner before the trial Court under Sections 451 and 457 Cr.P.C. is hereby allowed. The vehicle bearing Registration No.HR 37 D3715 is ordered to be released to the interim custody of the petitioner on the following conditions:-
(i) The jurisdictional Magistrate has to secure the valuation of the said vehicle from the concerned RTO and on such valuation report, the Magistrate has to take a Bank Guarantee from the petitioner.
(ii) The petitioner shall furnish Bank Guarantee to the extent of the value of the said vehicle as evaluated by the RTO subject to renewal of the said Bank Guarantee periodically till the disposal of the case.
(iii) The petitioner shall also furnish two sureties for the value of the said vehicle to the satisfaction of the trial Court.
(iv) The petitioner shall not indulge in using the said vehicle for commission of similar offences in future.
(v) The petitioner shall not alienate the said vehicle during the pendency of the said proceedings and he should not make any major modifications or structural changes to the vehicle without the permission of the court.
(vi) The petitioner shall also produce the said vehicle as and when required by the trial Court for the purpose of identification and other things.
(vii) Before release, the chasis and engine number to be recorded, the photographs of the vehicle from all the four angles to be secured and preserved in case file.
(viii) In order to avoid further complications if any, jurisdictional Court is requested to expedite the main matter itself.
Sd/- JUDGE Brn