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1975 Supreme(Kar) 162

K.J.SHETTY
M. N. RAMACHANDRA SETTY – Appellant
Versus
SUB INSPECTOR OF POLICE – Respondent


Advocates:
B.B.MANDAPPA, M.P.ESVARAPPA

( 1 ) THE facts leading up to the petition are: On 25th July, 1975, two lorries bearing MYJ 5289 and MEL 4938 were found loaded with paddy and moving without permit, appsrently to Dharwar Dist via Agasanahalli food Gate of Sorab Taluk. It is said that the petitioner's jeep bearing mys 9981 was also found moving in front of the lorries. No paddy was noticed in the jeep. The Sub Inspector of Anavatti Police Station seized the said lorries and produced them before the Judicial Magistrate, Sagar. The learned Magistrate has released the lorries against security on the claims made by the owners. Now the Deputy Commr of Shimoga Dist has taken proceedings for the confiscation of the foodgrains and the lorries. The proceedings are still pending. The Sub Inspector did not seize the jeep on the date when he saw it in front of the said lorries. On 27th July, 1975, he traced the jeep in a motor garage at Shimoga and immediately seized the same. He obtained an order from the Deputy Commr to keep the jeep in the Police custody. On coming to know of these events, the petitioner approached the Deputy Commr with a request to release the jeep. On that application, the Deputy Commr made a short order





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