Karnataka High Court
The Sub Inspector Of Police vs M/S. Motor Fuels on 13 April, 2023
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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WP No. 25033 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO.25033 OF 2018 (GM-EC)
BETWEEN:
1. THE SUB INSPECTOR OF POLICE,
MANGALURU RURAL POLICE STATION,
KANKANADY, MANGALURU.
2. THE DEPUTY COMMISSIONER,
D.K. MANGALURU 575 001.
...PETITIONERS
[BY SRI V. SHIVAREDDY, HCGP (PH)]
AND:
M/S. MOTOR FUELS & SERVICES,
KUNDAPUR, REP. BY ITS
MANAGING PARTNER
SRI PRABHAKAR PRABHU,
S/O VENKATARAMANA PRABHU,
ADULT, R/AT OPP GANDHI MAIDANA,
KUNDAPURA.
...RESPONDENT
[BY SRI ANIRUDH HOLLA, ADVOCATE FOR
Digitally signed by SRI SHEVGOOR & KAMATH ASSOCIATES (PH)]
GURURAJ D
Location: High THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
Court of Karnataka
CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN
CRIMINAL APPEAL NO.66/2015 DATED 09.04.2015 ON THE FILE OF
THE PRL. SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU
VIDE ANNEXURE-A, CALL FOR THE RECORDS IN ORDER BEARING
NO.CMO/CR/3/2012-13 PASSED BY THE DEPUTY COMMISSIONER IN
CRIME NO.290/2012 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 25033 of 2018
ORDER
Challenging order dated 09.04.2018 passed by Principal Sessions Judge, Dakshina Kannada, Mangaluru in Criminal Appeal no.66/2015 at Annexure-A, this writ petition is filed.
2. Sri V. Shiva Reddy, learned counsel for petitioners submitted that on 15.10.2012 at 7:30 p.m., Mangaluru Rural Police while on patrol, found a tanker bearing registration no.KA-20B-4627 with total capacity of 12,000 liters, containing 11,000 liters of kerosene with 1,000 liters of kerosene unloaded into grounded tank which is endorsed by bill of Indian Oil Corporation. Apart from same, they also found 8,000 liters of kerosene stored in mixing plant in another tanker. Same were seized along with vehicle under Sections 3, 7 and 6A of Essential Commodities Act read with Sections 12 and 18 of (Public Distribution System Control) Order, 1992 ('PDS Control Order, 1992' for short).
3. Thereafter, matter was transferred to Deputy Commissioner under Essential Commodities Act and PDS Control Order, 1992, who on 02.02.2015, passed final order under Sections 3, 7 and 6A of Essential Commodities Act read -3- WP No. 25033 of 2018 with Sections 12 and 18 of PDS Control Order, 1992 forfeiting amounts to Government and for invoking Bank Guarantee.
4. Aggrieved by said order, respondent filed Criminal Appeal no.66/2015 before Principal Sessions Judge, Dakshina Kannada, Mangaluru. It was submitted that though Sessions Court could not entertain appeal against order of Deputy Commissioner passed under Essential Commodities Act and PDS Control Order, 1992, appeal was allowed and by setting aside order passed by Deputy Commissioner. Assailing same on ground that it was passed without jurisdiction, instant writ petition is filed.
5. On perusal of impugned order, it is seen that order was passed under Section 397 of Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) read with Section 6-C of Essential Commodities Act. Against said order, appropriate remedy to file Criminal Revision Petition as provided under Code of Criminal Procedure and writ petition would not be appropriate.
6. Hence, writ petition is disposed of, reserving liberty to petitioner to avail remedy of revision, which if filed within period of six weeks from date of receipt of certified copy shall be considered by taking into account time spent in pursuing -4- WP No. 25033 of 2018 writ petition for purposes of Section 14 of Limitation Act. Interim order granted herein is extended till expiry of six weeks from date of receipt of certified copy of this order.
Sd/-
JUDGE GRD