SHRIKANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The respondent Police (Garag Police) have registered a case against one Sri. Prashant Nikkam, said to be the driver of the motor vehicle bearing registration No. KA- 24/M6356 on 29.03.2018 for the offence punishable under Section 98 of the Karnataka Police Act, 1963 R/w. Section 171E of the IPC, alleging that, when the complainant and other staff were at Tegur Check Post on National Highway No. 4 conducting search of vehicles, they searched the vehicle under question i.e., Innova car bearing registration No. KA-24/M6356 also. In the search, they found some cash, gold and silver articles in the said vehicle, for which, according to the complainant police, no proper explanation was given by the driver of the vehicle, who was carrying the said goods. Since the State Assembly Election was declared and Code of Conduct was in force, the complainant police suspecting that the alleged unaccounted valuables said to have been transported in the vehicle may be misused for the election process violating the Code of Conduct, seized the said Innova car bearing registration No. KA-24/M6356 along with some cash, gold and silver articles said to be found in the vehicle, by drawing a seizure panchanama and registered the case against one Sri. Prashant Nikkam said to be driving the said vehicle at that time, for the offence punishable under Section 171E of the IPC R/w. Section 98 of the Karnataka Police Act, 1963.

(2.) It appears that, thereafter, the present petitioner appeared before the I Addl. Civil Judge and JMFC Court at Dharwad, where the FIR was lodged by the complainant Police Station in Crime No. 60/2018 and filed an application under Section 451 Cr.P.C., 1973 R/w. Section 457 Cr.P.C., 1973 seeking release of the motor vehicle in his favour, claiming himself to be the registered owner of the vehicle. By the order dated 16.04.2018, the said application came to be rejected. Against the said order of JMFC Court, the applicant Sri. Shrikant Baban Nikkam, preferred a Revision Petition before the Court of II Addl. District and Sessions and Special Judge at Dharwad in Criminal Revision Petition No. 54/2018, which Court also by its order dated 08.05.2018, dismissed the revision petition filed under Section 397 Cr.P.C., 1973 It is against the said order, petitioner has preferred the present criminal petition under Section 482 Cr.P.C., 1973

(3.) The learned HCGP having taken notice for the respondent, has appeared for respondent - State.