ANGEL CLICK, THROUGH PROPRIETOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith.

(2.) Heard finally by consent of the learned counsel appearing for the parties.

(3.) The petitioners are the traders carrying on business of sale and purchase of rice from their respective offices situated within the city of Nagpur. Their case is that the petitioner No.1 had purchased rice and broken rice of Heritage brand from M/s. S. R. Enterprises and V. K. Traders on various dates and had kept some of the rice bags in a godown situated at Umiya Industrial Area, Tarodi-Kapsi, Nagpur. Some of the rice so purchased by petitioner No.1 was sold by him to the petitioner No.2, who stored the rice bags in his godown situated at Lihigaon, Kamptee, Nagpur. On 24.12.2020, respondent No.1 armed with a warrant of search and seizure dated 22.12.2020 issued by the learned Judicial Magistrate, First Class, Gangavathi, District Koppal, Karnataka raided these godowns with the aid of respondent Nos.3 and 4 and seized the rice bags stored therein. From the godown of petitioner No.1, 6140 bags of Heritage brand rice and from the godown of the petitioner No.2, 999 bags of Heritage brand rice were seized by the respondent No.1, in execution of the warrant of Search and Seizure. Receipts for seizure of these bags were issued by the respondent No.1. The petitioners made a detailed representation in protest to the Commissioner of Police, Nagpur on 30.12.2020 and requested him to take appropriate action against the said seizure of rice bags made by respondent No.1, which according to the petitioners was illegal and without following due process of law. The petitioners also succeeded later on in procuring a copy of the First Information Report filed by respondent No.5 with Police Station, Gangavathi, on the basis of which offences punishable under Sections 406 and 420 were registered against five accused persons named therein. The petitioners noticed that they were not named as accused in the F.I.R. and yet, as the petitioners submit, the rice bags lawfully purchased by them on making of full payment were directed to be seized by the learned Magistrate at Gangavathi.