MOHAMED YASEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the petitioners have averred that they are the owners in joint possession and enjoyment of the premises bearing No. 5-1-13 situated at ahmed bagh, bidar town. The petitioners are residents in the said premises. They also run a fuel depot in the said premises. Petitioner No. 2 purchased the property in the name of petitioner No. 1. In about the month of july, 1977 the mud walls of the petitioners' house required some repairs. In that connection one adamma and sharanamma were engaged to remove the mud from the open varandha. While so removing the mud the said ladies engaged as coolies, it appears, dug out 2 to 2 1/2 ft. Depth of the earth of a length of about 7 to 8 ft. And then they stopped coming for work. The petitioners approached them again and they refused to come back to work. It is further averred, on 30-7-1977 the police came and prepared a mahazar in the premises of the petitioners as the two ladies who had been engaged as coolies earlier had removed some articles from the pit they had dug and even then petitioner No. 2 did not know what those articles were. Some days thereafter petitioner-2 came to know that some treasure had been found from his premises by the said two workers. Thereafter, petitioner No. 2 went to the police station and he was there told that the police had informed the deputy commissioner of the district of the finding of the treasure from the premises of the petitioners. Soon thereafter, petitioner No. 2 sent a petition to the deputy commissioner. He also learnt at the same time that the police had arrested the two coolies and the criminal prosecution had been launched against them for violations of the Provisions of the Karnataka treasure trove Act, 1962 (hereinafter referred to as the act). It was in that circumstance that he gave intimation to the deputy commissioner as at Annexure-B to the petition which is said to be dated 24-6-1978 (only a true copy has been produced). In response to Annexure-B the deputy commissioner issued an endorsement dated 30-6-1978 a true copy of which is produced as Annexure-C to the petition. That memo so styled, informs, treasure trove found was 270 gold coins and two rings at bidar - a/o Sri mohd, abdul rehman alias abdulla sab resident of bidar dated 24-6-1978. He further informed the second petitioner that he may approach the concerned court as the police had taken action under sec. 18 of the act. As evidenced by annexure- f a true copy of the judgment in original case No. 70/3/1978 rendered by the judicial magistrate first class, bidar. The coolies adamma and sharnamma and one other person shivappa were convicted for an offence under sec. 18 of the act and sentenced to under-go simple imprisonment for 30 days with a fine of Rs. 500/- and if fine was not paid to a further 20 days of simple imprisonment. The 3rd accused was convicted under sec. 255(2) of the Cr.P.C. for the offence charged under sec. 18 of the act read with sec. 109 of the I.P.C. and sentenced to undergo simple imprisonment for one month with a fine of Rs. 500/- and in default he had to undergo simple imprisonment for 20 days and he was released under sec. 3 of the probation of offenders act on his executing a bond for Rs. 1000/- with one surety for like amount and he shall maintain good behaviour for one year. The properties by the order of the magistrate were confiscated in favour of the state and was sent to the director of treasuries in karnataka, Bangalore, after the expiry of the appeal period. About seven months after the judgment, the deputy commissioner has issued a further memo dated 30-10-1982 to the 2nd petitioner informing him that no action could be taken on his notice as at Annexure-D to the petition as it was given beyond the period of 30 days prescribed under sub- sec. (2) of sec. 3 of the act. Aggrieved by the same, petitioner-2 has approached this court for relief inter alia that the deputy commissioner, bidar, 2nd respondent herein be directed to hold the statutory enquiry as contemplated under sec. 4 of the act notwithstanding the fact that the notice issued by him was belated.

(2.) the facts stated above are not indispute.

(3.) the act defines at sec. 2(g) tomean anything of any value hidden in the soil or in anything affixed thereto. In chapter ii of the act under the headding notice, enquiry and declaration regarding treasure. Sec. 3 of the act provides for notice being issued by the finder of tha treasure if the value of the treasure exceeds Rs. 10/-. Sub-sec. (2) of sec. 3 of the act provides that the owner of the place in which the treasure is found, if he is not the finder, and the occupier of such place, if he is neither the finder nor the owner, shall also give notice in writing to the deputy commissioner within 30 days or before the expiry of one month from the date on which the owner or the occupier as the case may be, became aware of the treasure.