ABUBAKAR K v. STATE OF KARNATAKA
Case at a glance
- Bench
- S SUNIL DUTT YADAV
- Neutral citation
- 2025:KHC:25521
Outcome
Disposed of
Accordingly, petition is disposed off
Provisions considered
- Constitution of India arts. 226, 227
- Essential Commodities Act ss. 3, 6A, 7
Key paragraphs
- Para 55. All other conditions however apart from the condition imposed for furnishing of bank guarantee at Point No.1 to be fulfilled. Accordingly, petition is disposed off. Release of vehicle to be made within a period of two weeks subject to the fulfillment of other conditions.…
Judgment
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 21712 OF 2024 (GM-EC) BETWEEN: ABUBAKAR K S/O KHAJU SABI, AGED ABOUT 51 YEARS, RA/T NO.4, 1ST MAIN 2ND CROSS, VALMIKINAGAR, CHAMARAJAPET, BANGALORE - 560 026. (BY SRI. MANJUNATH B.R, ADVOCATE) AND:
STATE OF KARNATAKA REPRESENTED BY ITS PRL. SECRETARY, FOOD AND CIVIL SUPPLIED DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE - 560 001.
THE DEPUTY COMMISSIONER, RAMANAGARA DISTRICT, RAMANAGAR - 562 159. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA …PETITIONER
STATION HOUSE OFFICER, RAMANAGARA RURAL POLICE STATION, RAMANAGARA - 562 159. (BY SMT. K.P. YASHODHA, AGA FOR R1 TO R3) …RESPONDENTS - 2 - NC: 2025:KHC:25521 WP No. 21712 of 2024 HC-KAR THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI THERE BY MODIFYING / RELAXING CONDITION NO. 1 IMPOSED BY THE R2 PASSED IN ORDER DATED 09.02.24 AS PER ANNEXURE-D. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER
1. The petitioner has filed the present petition seeking for modification of the condition No.1. imposed by respondent No.2 passed in the order at Annexure-D.
2. Facts that are made out are that the vehicle of the petitioner was alleged to have been involved in an offense relating to Sections 3, 6A and 7 of the Essential Commodities Act and was seized. Thereafter, upon application of the petitioner though order at Annexure-D has been passed, condition imposed is that the petitioner in order to obtain release of vehicle is to execute the bank guarantee. - 3 - NC: 2025:KHC:25521 WP No. 21712 of 2024 HC-KAR
3. Learned counsel for the petitioner submits that Co-ordinate bench has held that the imposition of such condition ought not to be insisted upon.
Perused the order passed in W.P.No.11491/2025. In light of the same, in point No.1 of the order at Annexure-D dated 09.02.2024 the release of the vehicle is to be permitted without insisting on imposition of furnishing of bank guarantee after noticing the law laid down in W.P.No.11491/2025.
Operative part
All other conditions however apart from the condition imposed for furnishing of bank guarantee at Point No.1 to be fulfilled. Accordingly, petition is disposed off. Release of vehicle to be made within a period of two weeks subject to the fulfillment of other conditions. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 3 CT: BHK
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, petition is disposed off
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227; Essential Commodities Act — ss. 3, 6A, 7.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.