- 1 - HC-KAR NC: 2025:KHC:46211 WP No. 33908 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33908 OF 2025 (GM-POLICE) BETWEEN: 1. SRI UMASHANKAR S/O. MUNIYAPPA AGED ABOUT 39 YEARS R/AT. NO. 21, 8TH CROSS 50 FEET ROAD, CHOWDESHWARI NAGAR BANGALORE-560058. …PETITIONER (BY SRI. NAGARAJA N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT M.S BUILDING BANGALURU-560001. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT DEPUTY COMMISSIONER OFFICE BUILDING K.G ROAD, BANGALORE-560009. 3. THE CIRCLE INSPECTOR R.M.C YARD POLICE STATION YESHWANTHPURA SUB-DIVISION BANGALORE-560022. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46211 WP No. 33908 of 2025 4. THE FOOD INSPECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS YESHWANTHAPURA BANGALORE-560022. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT TO CONSIDER THE PETITION FILED BY THE PETITIONER UNDER SECTION 6(E) OF THE ESSENTIAL COMMODITIES ACT 1955 R/W SECTION 451 AND 457 OF CRIMINAL PROCEDURE CODE SEEKING RELEASE OF THE VEHICLE THROUGH THE INDEMNITY BOND SEIZED IN CR. NO.170/2025, DURING THE COURSE OF INVESTIGATION, THE RESPONDENT POLICE HAVE SEIZED THE FOLLOWING IN RESPECT OF THE VEHICLE BEARING REGISTRATION NO.KA-01, AB- 0798 AND SAID VEHICLE IS SUBJECTED UNDER PF NO. 111/2025 BY TAKING THE SURETY VIDE ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:46211 WP No. 33908 of 2025 ORAL ORDER 1. Learned AGA accepts notice for respondents. 2. The petitioner is before this Court seeking for the following reliefs: 1. Issue a writ, order or direction in the nature of WRIT OF MANDAMUS, directing the 2nd respondent to consider the petition filed by the petitioner under section 6(E) of the essential commodities act 1955 R/w section 451 and 457 of Criminal procedure code seeking release of the vehicle through the indemnity bond seized in Cr. No.170/2025, During the course of investigation, the respondent police have seized the following in respect of the vehicle bearing registration No.KA-01, AB- 0798 and said vehicle is subjected under PF No.111/2025 by taking the surety Annexure-G. 2. Pass such other relief or reliefs as this Hon'ble Court deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity. 3. The petitioner's vehicle, namely, a lorry bearing registration No.KA-01-AB-0798 had been seized by the respondents in furtherance of Crime No.170 of 2025 was registered. The petitioner made an - 4 - HC-KAR NC: 2025:KHC:46211 WP No. 33908 of 2025 application for release of the vehicle to the respondent No.2, Deputy Commissioner. The grievance of the petitioner is that the said application has not been considered by the Deputy Commissioner till date. 4. Since an application has been filed for release of the vehicle, it is but required for the respondent No.2 to consider the said application and pass necessary orders in accordance with law. Hence, I pass the following order: ORDER a) Writ petition is allowed. b) Mandamus is issued directing the respondent No.2 to consider the application filed by the petitioner under Section 60 of the Essential Commodities Act, 1955 and pass necessary orders in accordance with law within a period of - 5 - HC-KAR NC: 2025:KHC:46211 WP No. 33908 of 2025 3 weeks from the date of receipt of copy of this order. c) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner in the matter. SD/- (SURAJ GOVINDARAJ) JUDGE DM LIST NO.: 1 SL NO.: 23