IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL REVISION PETITION NO.601 OF 2019 BETWEEN:
MOOSABBA, S/O. UNHI BYARI, AGED ABOUT 49 YEARS, R/AT D.NO.3-166, NOORANIYA MANZIL, PAKSHIKERE KEMRAL VILLAGE, MANGALURU TALUK., D.K.
PIN-574 146. ... PETITIONER [BY SRI. RAHUL RAI K., ADVOCATE] AND:
SRI. B.K.MURTHY, S/O. KRISHNAPPA B.G., AGED ABOUT 35 YEARS, DIRECTOR, MINES & GEOLOGY DEPARTMENT, D.K., MANGALURU. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560 001 ... RESPONDENT [BY SRI. M.DIVAKAR MADDUR, HCGP] * * * THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. PRAYING TO SET ASIDE THE CONDITION THAT “PETITIONER SHALL FURNISHING SECURITY IN THE FORM OF RENEWAL BANK GUARANTEE FOR DOUBLE THE VALUE OF THE VEHICLE TO THE SATISFACTION BEFORE THE COURT BELOW”, IMPOSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU DATED 01.02.2019 IN CRL. MISC. NO.116/2019 WHILE RELEASING VEHICLE BEARING NO.KA-04/C-373 SEIZED IN C.C. NO.216/2019 ON AN APPLICATION FILED U/S 451 R/W 457 OF CR.P.C.
THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER The present revision petition is filed with a prayer to set aside the condition imposed by the court below while releasing the vehicle bearing reg. No.KA-04/C-373 to the interim custody of the petitioner/R.C. owner, whereby he was directed to furnish security in the form of renewal bank guarantee double the value of the vehicle.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State.
3. On a private complaint filed by the Geologist, Mines and Geology Department, Mangaluru, a case was registered under Sections 4(1), 9, 22, 23C(1)(E) and (G) and 24(1)(E) r/w. Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. It is alleged that on 18.05.2018 at about 6.15 p.m., the tipper lorry bearing reg. No.KA-04/C-373 belonging to the petitioner was intercepted and found that it was illegally transporting sand. The tipper lorry came to be seized on the same day.
4. The petitioner filed an application under Sections 451 and 457 of Cr.P.C. seeking for interim custody of the aforesaid vehicle. The learned Sessions Judge by his Order dated 01.02.2019 passed in Crl.Misc. No.116/2019 was pleased to allow the said application on the following conditions:
“The vehicle bearing reg. No.KA-04/C- 373 is ordered to be released in favour of the petitioner/R.C. owner on his furnishing security in the form of renewal bank guarantee double the value of vehicle to the satisfaction of the Court below on the following conditions:
1) The petitioner shall cause its production as and when summoned during the course of trial before the Special Court.
2) The petitioner shall not use the vehicle to such illegal activity of transporting Minor Minerals without permit.”
5. It is the contention of the learned counsel for the petitioner that though the vehicle was seized on 18.05.2018, the complaint was filed on 18.01.2019 after a lapse of more than six months. He submits that proper procedure was not followed while seizing the vehicle and even otherwise imposing such stringent conditions to furnish security in the form of renewal bank guarantee double the value of vehicle virtually amounts to rejecting the application filed by the petitioner. He also placed reliance on the orders passed by this Court in Crl.R.P. No.376/2019 dated 15.04.2019 and in W.P. Nos.28028/2018 and connected matters, dated 04.01.2019, wherein this Court relaxed the conditions imposed in similar matters. Accordingly, he seeks to allow the revision petition.
Per contra, the learned HCGP would contend that the petitioner was engaged in illegally transporting sand without any permit in his tipper lorry bearing reg. No.KA-04/C-373.
The said lorry with the sand was seized by the officials of the Department of Mines and Geology. He submits that Rule 43(8) of the Karnataka Minor Mineral Concession Rules, 1994 as amended would prescribe that the release of the vehicle involved in such offence could be released subject to the condition of furnishing security in the form of renewal bank guarantee of an amount equal to double the value of such vehicle. He further submits that if the vehicle is released in favour of the petitioner without stringent condition, then the petitioner may dispose off the vehicle or he may use the vehicle to commit similar offence. Accordingly, he seeks to dismiss the revision petition.
6. The fact that the petitioner is the R.C. owner of the tipper lorry bearing reg. No.KA-04/C-373 is not in dispute. The said lorry was seized by the officials of the Mines and Geology Department, Mangaluru, on 18.05.2018. The PCR came to be filed on 01.01.2019 before the jurisdictional Court. There is an inordinate delay in filing the said complaint before the jurisdictional Court. In similar circumstances, in the aforesaid decisions relied on by the learned counsel for the petitioner, the co-ordinate bench of this Court was pleased to modify the conditions imposed while releasing the vehicle to the interim custody. The Court below while allowing the application has observed that the petitioner is mainly depending on the income by plying the vehicle. If the lorry is allowed to be kept in the premises of the complainant’s office, it would be national waste, otherwise if it is used in a proper way then it would generate not only income to its owner and it would generate income to other dependents of transport agency labours and others.
7. Considering the orders passed by this Court in similar circumstances in the aforesaid decisions relied on by the learned counsel for the petitioner, I am of the view that the revision petition deserves to be allowed. Accordingly, I pass the following:
ORDER The revision petition is allowed.
The conditions imposed by the Court below in Crl.Misc. No.116/2019 to furnish security in the form of renewal bank guarantee double the value of vehicle is hereby modified and it is ordered that the vehicle in question shall be released to the petitioner on his furnishing indemnity bond for a sum of Rs.20,00,000/- [Rupees Twenty Lakhs only] with two sureties for the likesum to the satisfaction of the trial Court.
The petitioner shall not alter the nature of the vehicle and he shall not sell the vehicle to any third party. The other conditions imposed by the Court below shall remain intact.
In view of disposal of the revision petition, I.A. No.1/2019 does not survive for consideration and the same is disposed off.
Sd/-
JUDGE Ksm*