High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of WRIT OF declaring the raid and search conducted by the 3rd respondent on 08-12-2016 on the petitioners company and the seizure of its ^/ANDAMUS ,f.lFri7 *:. *. + products and other items, as illegal, highhanded, without ar y' power or authority and against the procedure contemplated under law and cc I sequently direct the respondents 1 and 3 to forthwith to handover the serzed ; rods and packaging material by unlocking the petitioners premises containing ; rods and packaging material of the petitioner l.A. NO: 1 OF 2016(WPMP. NO: 53445 OF 2016) Petition under Section 15'l CPC praying that in the ( rcumstances stated in the affidavit filed in support of the petition, the High Cot r may be pleased to direct the respondents 1 and 3 to forthwith to handover t r ) seized goods and packaging material by unlocking the petitioner's premises ; rntaining goods and packaging material of the petitioner, pending final dispcs al of the matn wrrt petition. l.A. NO: 2 OF 20161WPMP. NO:55581 OF 2016) Between: M/s Bajal Bakewell Udyog Private Limited, G T Road : ttehabad, Haryana - '1 25050 rep. by its authorized srgnatory, lvlr. V. Fl Ljeshwar, S/o. Late Rajalingam, Hindu, aged about 61 years, ...PETITIONER AND 1 2 3 4 5 o 7 I\//s. SRK Foods Private Limited, having place of busrnes Sy. No.42 Bonguluru Village lbrahimpatnam Ranga F r Telangana Rep. by its [Vlanager and authorized signatory The State of Telangana, Rep. by its Prinopal Secretary Secretariat Building, Hyderabad The Commissioner of Police, Rachakonda Comn i Telangana, Hyderabad The Assistant Commissioner of Police, lbrahim r Commissionerate State of Telangana, Hyderabad. The Station House Officer, Adibhatla Police l; Commissionerate State of Telangana, Hyderabad. The Registrar of Trade Marks, Trade Marks Regisrr Bhawan Antop Hills, S.M Road Mumbai - 400037 s at Door No. 5/'l-28, ddy District State of S. I\4. Sudhakar )epartment of Home, ,sionerate State of ltnam Rachakonda ation, Rachakonda , Boudhil Sampada The Registrar of Trade Marks, Trade Marks Registry lF Guindy, Chennai - 600032 3uilding , GST Road I The Reqistrar of Trade Marks, Trade tvlarks Registry Plot No 32 ' sector 14' - DwarakS. New Delhi - 1 '10075 (R6 to B are not necessary) ..,RESPONDENTS PetitionunderSectton,l5lCPCprayingthatinthecircumstancesstated intheaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedto modify the order of thrs Hon'ble court passed in WP No 43315 of 20'16 dt 14-12-2016 by amending the same to exclude the release of non-perishable goods/materials in the interest of justice. l.A. NO: 1 oF 20'17 ru\A/MP. NO : 240 OF 20 171 Petition under Sectron 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court may be pleased to VacatethelnterimorderoftheHon.bleCourtpassedinWP.No.433l5of20l6 dated 14.12.2016 in the interest of iustice Counsel for the Petitioner: SRI M'SASIDHAR (Nor PRESENT) Counsel for the Respondent No'1 to 4: SRI R'LAXMIKANTH REDDY' AGP FOR HOME Counsel for the Respondent No'8: SRI ASHOK RAM KUMAR The Court made the following: ORDER i.;, t *, * *, ** -tr * + ,a ./." THE HONOURABLE SRIJUSTICE N.T[ KARAMJI WRIT PETITION No.43315 OF 2(16 ORDER 'fhis u,rit pctitron is hlcd seeking for t rc fbllou,ing re[ieE "[o issue a rvdt or ordcr or direction morc patti :r ladv onc ro thc narurc of \\/R-l'I ( )F trl \\I)ANIUS declaring I -, rard and scatch concluctcd br- tirc 3td rc.pondcrrt ort 08 1-l I l6 on rhc peti.tiolcrs co]npan\ aflcl rhc scizur c of its proclucts ,rn, ,thet ltctlrs, as iUegal, hrghhandcd, tithout ant polvcr or audrort r:rcl :rgairst thc proccdurc contcmpltted under lar.r, artd consequcr r ditcct the rcspondcnts 1 tld 3 ro ltrtthsith to hanclor cr the seiz r goods and packag[rg nraterial bI rLrtl.icking the pctitioncrs prcmi. -, cottte-Lning goods ald packagrng rnarerial of rhc pctirioner..-"

2. None appcarecl on behal[ of thc petitiont r

3. I have heard Mr.It.Laxmikanth lLc: lv, learned i\ss.istant Government Plcader for [:lorne 'peaflng for respondent Nos.1 to 4

4. Leatned r\ssistant Government Pleadr r for Home submits that in Crime No.245 of 2016, the lnvestigating Agency conducted search on 07.12.2016 at N{/ r SRK Food Products Private Limitcd, Company, Bonglo< r Village 2 on 08.1,2.201,6 at N,I/s SRI{ Food Products Ptivate Limited, Compan.v at NIP Patelguda Village, and seized ardcles and thcy were produced betbre the lY N[etropoLitan Nlagistrate, Ct berabad at lbrahirrrpatnam. Subsequently, the case was transferred to XY Metopolitan N,Iagistrate, Ibrahimpatnam, and the matter is still pcnding. '-thus, the contest that there was illegal seizurc br, thc respondcnt No.3 was improper is unjustificd. I Iencc. pral'ed for disn'rissal oI the peridon.

5. I har.c per-used the materials on record

6. Having regard to the assertion and the statement of respondents in written submissions that, the seized articles/products from the posscssion of the petitioner's company has been prcperlv produced before the Court concetned. He contest that the respondents have conducted search and seizurc without lawful authotity, is found unacceptable. Thus, the contest in this regatd is dismissed' Howevcr rhe nghts of the petitioner are reserved to avail 3 appropriate remedy beforc the Court CONCCINCC n regard to scized propern.. Accordingly, this pcurion is c isposed of. I'here shall be no order as to cosrs N{iscellancous Petitions, pending if anr,. sha11 stand clo sed. \ SD/ AS lIs*XHfHIE,EFRRI /- \ _-- To, , //TRUE COPYI/ i sECTloN oFFlcER secretariat Building' *"l Iffi",.1,1;:Kl,,"r3,"-"",fl?aaDaepartment' station' Rachakonda U",",,1,:SI3?:,"??IJl?1??fl ,,";1,,TJ::;rJbrah , The Commissioner of Police' Rachakonda Con rt rissionerate State o{ - i"Lngrnr, HYderabad r patnam Rachakonda , - u",,:.,31?:.,["s,1L "?+:?lr,#]',ifr'&"J,:',1* , I[:-::ffii3;,:l,J'Sffi #3f i,i,I'f;"'" i[8'J.', 6. The Registrar of Trade Marks' Trade Marks Registr r P Building ' GST Road " or-r.ov I Ct ennai - 6ooo32 rrade lvlarks Registrv Prot No 32 ' sector 14' ' m",ffig':$il"JJ[?9i[t'f' 8. One CC to SRI M SASIDHAR' Advocate toPUCl 9. One CC to SRI ASHOK RAM KUMAR' Advocate [O 10 Two ccs to Gp FoR H.ME, High court for *€ state of relangana at Re ] itrv Boudhir Sampada r JC] HYderabad [OUT] 1 1 . Two CD CoPies BSR BS I t, t f HIGH COURT DATED: 2910812025 I I

1. + ORDER WP.No.43315 of 2016 / '-) 4 I ;-1, l_z' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \v( \reb