STATE Vs. T V GANJI

JUDGEMENT

(1.) This is a revision by defendants-1 to 5 against the order dated 29-3-1982 passed by the Additional Civil Judge, Dharwad, in Miscellaneous Appeal No. 8 of 1981 affirming the order dated 18-4-1981 passed by the Principal Munsiff, Dharwad, in O.S. No. 214 of 1980 allowing I.A. No. 2 and granting the injunction restraining the defendants from effecting any search or seizure of Kumari Asava with 16 herbs in the list produced on 13-4-1981 manufactured for sale by the plaintiff under Drug licence in his possession and either at Hubli in his manufactory or at his depots in any place in Dharwad District.

(2.) The plaintiff claims to be manufacturing Kumari Asava No. 2 under L-2 licence issued by the Excise Commissioner, Karnataka. According to him, the defendants have no right to search and seize his Kumari Asava preparations. According to him, the defendants have been harassing him by illegally and unnecessarily searching, inspecting and seizing his production known as Kumari Asava No. 2.

(3.) The plaintiff filed a suit in O.S. No. 214 of 1980 against the defendants for a permanent injunction restraining the defendants from effecting any illegal, irregular and vexatious search and from seizing his goods and medicines manufactured and stored by him either at Hubli or at any place in his Depots in Dharwad District under a valid licence issued by the Excise Commissioner, Karnataka. After hearing both the sides, the Munsiff passed an order on 11-10-1980 allowing I.A. No. 2 and granting temporary injunction against the defendants pending the suit. The defendants being aggrieved by the said grant of temporary injunction, approached the Civil Judge, Dharwad, with Miscellaneous Appeal No. 20 of 1980. The Civil Judge, Dharwad, while dealing with the appeal desired that the contents of the drug known as Kumari Asava No. 2 manufactured by the plaintiff and seized by the defendants should be got chemically examined. Hence he set aside the order passed by the Munsiff granting the injunction and sent back the matter to the Munsiff with the four bottles of Kumari Asava manufactured by the plaintiff and seized by the defendants, for being sent to the Chemical Examiner for chemical examination and then dispose of I.A. No. 2 on merits. Thereafter the Munsiff sent one of the four bottles to the Chemical Examiner, Dharwad, through the Commissioner and obtained the certificate. After hearing both the sides, the Munsiff again passed an order dated 18-4-1981 granting the injunction as prayed for by the plaintiff. The defendants feeling aggrieved by the grant of injunction, approached the Civil Judge with an appeal M. A. No. 8 of 1981. The Civil Judge dismissed the appeal and confirmed the order passed by the Munsiff granting the injunction. Hence the revision by the defendants.