Karnataka High Court
Mangalore Chemicals And Fertilizers ... vs The Union Of India on 19 July, 2019
Author: B.Veerappa
Bench: B. Veerappa
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY 2019
BEFORE
THE HON'BLE MR. JUSTICE B. VEERAPPA
W.P.Nos.41475-41479/2012 (GM-RES)
BETWEEN:
Mangalore Chemicals & Fertilizers Ltd.,
A Company incorporated under the
Companies Act 1956 with its
Registered office at
Level-11, U B City
U.B.Towers, No.24 Vittal Mallya Road,
Bengaluru - 560 001.
Represented by its Company Secretary
and Senior Vice President (Finance),
Mr.K.Raghuveeran,
S/o. Mr. Ratnakar Mallya,
Aged about 59 years
... Petitioner
(By Sri Aravind Sharma, Advocate)
AND:
1. The Union of India
Represented by its Secretary,
Ministry of Consumer Affairs,
Food & Public Distribution,
2
Department of Consumer Affairs,
Krishi Bhavan,
New Delhi - 110 001
2. The Assistant Controller of
Legal Metrology,
No.2, Ali Askar Road,
Bengaluru - 560 052
3. The Inspector
Legal Metrology,
Flying Squad,
Ali Askar Road,
Bengaluru - 560 052
4. The Controller of Legal Metrology
Ali Askar Road,
Bengaluru - 560 052
(Note: Amended as per order of the Court
dated 04.01.2013)
... Respondents
(By Sri Madavan Pillai, CGC for R1;
Sri Y.D.Harsha, AGA for R2 to R4)
These Writ Petitions are filed under Article 226 of
Constitution of India praying to declare that forfeiture of an
essential commodity under Section 16 of Legal Metrology Act
after the offence complained off is compounded or the
accused is sentenced to pay fine is excessive, oppressive,
unreasonable and etc.,
These Writ Petitions coming on for Hearing, this day,
the Court made the following:
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ORDER
The petitioner filed these writ petitions to declare that forfeiture of an essential commodity under Section 16 of Legal Metrology Act after the offence complained off is compounded or the accused is sentence to pay fine is excessive, oppressive, unreasonable; issue a Writ of Mandamus directing the respondent Nos.2 and 3 to release the seized packaged commodities as mentioned in the schedule to this petition and consequently to quash the order passed by the Metropolitan Magistrate-Traffic Court-I, Bengaluru City in C.C.No.1009/2012 dated 20.09.2012 at Annexure-K.
2. When the matter came before this Court on 15.07.2019, learned counsel for the petitioner brought notice of this Court that in pursuance of the order dated 18.12.2012, the petitioner furnished bank gurantee of Rs.2,64,39,533/- of Corporation Bank, a scheduled Bank 4 and petitioner has fulfilled all the provisions of Legal Metrology Act and Rules framed thereunder and submit that now, 9604 bags of fertilizers are affixed with stickers and are ready to be moved out of the godown and therefore, requests for release order of further movement of 9604 bags of fertilizers. On the request of the learned Government Advocate, the matter was adjourned to get instructions from respondent No.2.
3. Sri Aravind Sharma, learned counsel for the petitioner fairly submits that in view of the interim order passed by this Court dated 18.12.2012 releasing the fertilizer bags subject to furnishing a bank guarantee, the prayer No.3 becomes infructuous. Accordingly, prayer No.3 is dismissed as not pressed.
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4. Today, learned Government Advocate filed memo dated 19.07.2019 alongwith Annexure R1 to R5 and the same are placed on record.
5. Since the petitioner rectified the mistakes and fulfilled all the provisions of Legal Metrology Act and Rules, 2009, there is no impediment to release Bank guarantee.
6. In view of the above, respondents are hereby directed to release Bank guarantee of the petitioner after proper identification in accordance with law.
Accordingly, writ petitions are disposed off.
Sd/-
JUDGE KPS