JUDGMENT

Shah, J.-C.A. No. 3214 of 1989 :

In this appeal, a Matador (Mini Lorry) carrying 44 bags of cement was intercepted and seized by the Bajpe Police, Dakshina Kannada on 22-8-1983. Proceedings under Section 6A of the Act were initiated before the Dupty Commissioner. During the pendency of the proceedings, the respondent applied for interim release of vehicle and the same was granted by order dated 1-9-1983 on his furnishing a bank guarantee of Rs. one lakh. That order was challenged by the respondent before the High Court of Karnataka at Bangalore in W.P. No. 16668 of 1983 on the ground that imposition of such condition was illegal and onerous. The learned Single Judge after considering second proviso to Section 6A(1) held that the words "market price" occurring in the section relate only to" the essential commodity sought to be carried". According to the learned Judge "the proviso gives a concession to the owner to avert confiscation by paying fine not exceeding the market price prevalent on the date of its seizure of the essential commodity". According to the learned Judge if option is to pay a fine equivalent to the market price of the vehicle then there is no necessity to g