- 1 - NC: 2025:KHC-K:1248 WP No. 200503 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO. 200503 OF 2025 (GM-EC) BETWEEN: BHAYA BHAI MORI S/O. KANABHAI AGE 36 YEARS, OCC: BUSINESS R/O.BARVAN NESH NEAR RANAVAV PORBANDAR, GUJRAT 360560 NOW RESIDING AT GANDHI GUNJ, BIDAR 585401 …PETITIONER (BY SRI. LAKSHMI G.E., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DEPUTY COMMISSIONER DEPT OF FOOD AND CIVIL SUPPLIES, DC OFFICE BIDAR - 585401 2. THE FOOD INSPECTOR BHALKI, TQ BHALKI, DIST BIDAR - 585328. 3. THE POLICE SUB INSPECTOR DHANNURA, TQ BHALKI, DIST BIDAR - 585328. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, ADDITIONAL GOVERNMENT ADVOCATE) Digitally signed by NIJAMUDDIN JAMKHANDI Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:1248 WP No. 200503 of 2025 THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER OF 1ST RESPONDENT FSB/EC ACT/CR-03/2023-24 DATED 09-01-2025 VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R.NATARAJ ORAL ORDER (PER: HON'BLE MR. JUSTICE R.NATARAJ) The petitioner has challenged an order bearing No.FSB/EC Act/Cr-03/2023-24 dated 09.01.2025 passed by the Deputy Commissioner, Bidar directing the petitioner to furnish bank guarantee for Rs.7,99,000/- along with one surety for releasing a transport vehicle that was seized for violation of the provisions of Essential Commodities Act, 1955. 2. The petitioner contends that he is the registered owner of vehicle bearing No.GJ-11-TT-9075. He contends that the vehicle was seized for alleged violation of provisions of the Essential Commodities Act. The petitioner requested the Deputy Commissioner, Bidar for release of the vehicle. The Deputy - 3 - NC: 2025:KHC-K:1248 WP No. 200503 of 2025 Commissioner in terms of his order dated 09.01.2025 required the petitioner to furnish a bank guarantee for Rs.7,99,000/- and one surety for release of the vehicle. 3. Being aggrieved by the same, the petitioner is before this Court. 4. The learned counsel for the petitioner contends that the vehicle is covered by a permit and is sufficiently insured. She submits that the vehicle is fit to be used on the roads as per the permit. She contends that the condition imposed by the Deputy Commissioner is onerous and difficult to be complied. She contends that in similar circumstances, this Court has released the vehicle by directing the owner to furnish an indemnity bond, agreeing to produce vehicle whenever called upon. 5. Under Section 7(c) of the Essential Commodities Act, any vehicle used for transporting any essential commodity in violation of the Act, can result in forfeiture of the vehicle. However, until the case is decided before the appropriate Court, the petitioner cannot be deprived of usage of the vehicle. The Deputy Commissioner, Bidar in terms of the - 4 - NC: 2025:KHC-K:1248 WP No. 200503 of 2025 impugned order has directed the petitioner to furnish a bank guarantee for a sum Rs.7,99,000/- along with a surety which is excessive and cannot be complied by the petitioner. This could have been resorted to in lieu of confiscation of the vehicle as provided in the second proviso to Section 6A of the Essential Commodities Act, which is yet to be decided. Therefore, interest of justice would be met by directing the petitioner to furnish an indemnity that he shall produce the vehicle whenever called upon by the Deputy Commissioner Bidar. He shall also furnish a local surety to ensure production of vehicle whenever required by the Court. He shall also not sell or dispose or encumber or part with possession of the vehicle in any manner whatsoever until the conclusion of the proceedings before the concerned Court. 6. The respondent No.1 is directed to take pictures of the vehicle in question from all four sides for the purpose of identification and place the same before the appropriate Court. The respondent No.1 shall issue appropriate communication to the regional transport office, where the vehicle in question is registered, so that appropriate entries are made about this order in the 'B' extract register of the vehicle. - 5 - NC: 2025:KHC-K:1248 WP No. 200503 of 2025 7. In view of the above, the writ petition stands disposed off. 8. Learned Additional Government Advocate is directed to file memo of appearance within 10 days from today. Sd/- (R.NATARAJ) JUDGE HJ List No.: 1 Sl No.: 29