- 1 - HC-KAR NC: 2026:KHC:9793 CRL.RP No. 776 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 776 OF 2018 (397(Cr.PC) / 438(BNSS)-) BETWEEN: 1. THE STATE OF KARNATAKA BY SUB-INSPECTOR OF POLICE, MANAGALORE RURAL POLICE STATION, KANKANADY, MANGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-01 …PETITIONER (BY SRI.CHENNAPPA ERAPPA., HCGP) AND: 1. M/S MOTOR FUELS AND SERVICES KUNDAPUR REPRESENTED BY ITS MANAGING PARTNER: SRI PRABHAKAR PRABHU S/O VENKATARAMANA PRABHU, ADULT, R/AT OPP.GANDHI MAIDANA KUNDAPUR-576 201 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9793 CRL.RP No. 776 of 2018 2. THE DEPUTY COMMISSIONER DAKSHINA KANNADA, MANGALURU-575 001 …RESPONDENTS (BY SRI.H H RAMESH ., ADVOCATE FOR R1) V/O DATED 22.11.2022, PETITION AGAINST R2 STANDS DISMISSED AS NOT PRESSED CRL.RP FILED U/S.397 R/W 401 CR.P.C BY THE S.P.P. FOR THE STATE PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 09.04.2018 PASSED IN CRL.A.NO.66/2015 BY THE PRINCIPAL SESSIONS JUDGE, D.K., MANGALURU AND CONFIRM THE ORDER IN CR.NO.3/2012-13 PASSED BY THE AUTHORIZED OFFICER AND THE DEPUTY COMMISSION, D.K., MANGALURU DATED 02.02.2015 BY ALLOWING THIS CRL.RP. AND ALLOW THE ABOVE CRL.P. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The State is before this Court in this Criminal Revision petition filed under Section 397 r/w Section 401 of Cr.P.C with a prayer to set aside the judgment and order dated 09.04.2018 - 3 - HC-KAR NC: 2026:KHC:9793 CRL.RP No. 776 of 2018 passed by the Court of the Principal Sessions Judge, Dakshina Kannada, Mangaluru in Crl.A.No.66/2015. 2. Heard the learned HCGP on behalf of the petitioner. 3. It is the case of the prosecution that on 15.10.2012, the PSI attached to Mangaluru Rural Police Station along with the staff and panch witnesses had visited stone crushing unit at Arkula, village of Mangalore and had seized a lorry bearing registration number KA-20B-4627 containing 11,000 litres of kerosene from which 1,000 litres of kerosene was unloaded. He also seized another 8,000 litres of kerosene under a mahazar and thereafter FIR was registered against one Prabhakar Prabhu and others in Crime No.290/2012 for offence punishable under Section 379 of IPC and Sections 3 and 7 of the Essential Commodities Act. The seized vehicle and articles were produced before the Deputy Commissioner, Dakshina Kannada District who had initiated proceedings under Section 6A of the Essential Commodities Act, 1955 for confiscation of the vehicle and goods seized including the kerosene oil and by order dated 02.02.2015 passed in proceedings bearing number CR 3/2012-2013, had ordered for confiscation of the aforesaid - 4 - HC-KAR NC: 2026:KHC:9793 CRL.RP No. 776 of 2018 lorry bearing number KA-20B-4627 along with the kerosene oil seized and also ordered forfeiture of the bank guarantee furnished by respondent No.1 herein, in whose favour interim custody of the vehicle was released. Aggrieved by the said order respondent No.1 herein had filed an appeal before the Court of District and Session Judge, Dakshina Kannada, Mangalore in Crl.A.No.66/2015 which was allowed by judgment and order dated 09.04.2018. Assailing the same the State is before this Court. 4. Perusal of the material record would go to show that the Sub Inspector of Police attached to Mangaluru Rural Police Station along with the staff had conducted a raid on 15.10.2012 and had seized the lorry in question along with kerosene oil under a mahazar. Subsequently, a case was registered in Crime No.290/2012 against the respondent No.1 herein and others for the aforesaid offences. Undisputedly, the criminal case registered against accused in the present case is still pending consideration. In the meanwhile, confiscation proceedings was initiated by the competent authority/Deputy Commissioner, Dakshina Kannada in exercise of his powers - 5 - HC-KAR NC: 2026:KHC:9793 CRL.RP No. 776 of 2018 under Section 6A of the Essential Commodities Act, 1955 and in the said proceeding he had ordered for confiscation of the vehicle and goods seized under the mahazar in Crime.No.290/2012 and also had ordered for forfeiture of the bank guarantee for a sum of Rs.7,20,000/- furnished on behalf of the petitioner in compliance of the condition imposed for release of the lorry bearing registration number KA-20B-4627 to its interim custody. The Appellate Court having appreciated the statutory provisions and also the orders and notifications issued by the State Government periodically under the Provisions of the Essential Commodities Act, 1955, having arrived at a conclusion that the Sub Inspector of Police was not the competent authority to conduct a search and seize the articles under the Provisions of the Essential Commodities Act, 1955 has set aside the order impugned. 5. Learned HCGP during the course of argument has fairly submitted that the Sub Inspector of Police is not a authorized or competent officer under the provisions of Essential Commodities Act for conducting a raid, search or seizure under the Provisions of Act of 1955. If that is so, the very seizure of - 6 - HC-KAR NC: 2026:KHC:9793 CRL.RP No. 776 of 2018 the vehicle and goods under the mahazar gets vitiated and therefore the learned Sessions Judge was fully justified in allowing Crl.A.No.66/2015. Therefore, I do not find any good ground to entertain this petition. Accordingly, this petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE RJ List No.: 1 Sl No.: 50