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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Muthoot Finance Limited – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. nature and purpose of the writ petition (Para 1 , 2) |
| 2. circumstances of the gold pledging and police interaction (Para 3) |
| 3. arguments made by the petitioner and the respondent (Para 5 , 6) |
| 4. judicial precedents on seizure processes (Para 7 , 8 , 8) |
ORDER :
1. The petitioner is before this Court seeking for the following prayer:
“a) A writ order in the nature of quashing the impugned order dated. 17.02.2024 as per Annexure-D and declare that seizure is arbitrary and violation of fundamental rights guaranteed under the Articles 14 and 19 and direct to hand over the seized articles to the petitioner which is seized as per the Annexure-C by the Sirsi N.M. Police Station P.S. Crime No.30/2023 to meet the ends of justice (1)(g) of the Constitution of India to meet the ends of justice. (1)(g) of the to meet ends of justice.
b) Any other such reliefs as this Hon’ble Court deems fit.”
2. Heard the learned counsel Sri. A.A. Kalebudde appearing for the petitioner.
3. Learned counsel appearing for the petitioner would submit that, the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in Writ Petition No.100245/2025 on 08.07.2025, where
The court upheld that seizure actions by police must comply with Articles 14 and 19, reaffirming the necessity for following established legal guidelines when handling seized property.
Financial companies must seek relief through legal channels when police seize pledged items under allegations of theft, ensuring adherence to established guidelines and protocols.
The rights of a pledgee over pledged gold are limited to those of the pledger, and ownership must be established through civil proceedings, necessitating guidelines for handling pledged stolen gold.
Quasi-judicial proceedings require strict adherence to principles of natural justice, including the right to cross-examine witnesses, which was violated in this case, rendering the confiscation order....
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