TMI Blog2001 (12) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... g the same before the appropriate Criminal Court for violation of the order by the authority and ultimately a writ petition was moved to this court in the year 1992 which is pending from then till the end of 2001 and now placed under the heading "Old Matters" for the purpose of early disposal with prior warning list but none appears on behalf of the respondents. 2. When the matter was repeatedly called today for hearing learned Counsel appearing on behalf of the petitioner contended before this court that seized articles have already been released long before. The criminal proceeding is actually infructuous. Be that as it may no finding is there which will be the actual basis for the purpose of making a search and seizure. Therefore, stra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sis of search and seizure is contravention of Clause 12(e) of the Notification to the extent that there is no required words "fast to normal washing" or "not fast to normal washing" as the case may be on the cloth. But from Clause 12(e) I find that these are not sole criteria for the purpose of giving marking on cloth. The word "mercerised" is also one of such marking available for the purpose which is the admitted position even under the list of search and seizure. Therefore, the search and seizure either to be construed a bare technical search and seizure or for the sake of harassment without any foundation whatsoever. In such case law is very clear in its application. In (AIR 1979 SC 711) (K.L. Subhayya v. State of Karnataka) it was held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the Bhajan Lal's case reported in (AIR 1992 SC 604) (supra) the conditions laid down therein are as follows : "(1) Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under S. 156(1) of the Code except under an order of a Magistrate within the purview of S. 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stances, taken into totality of the matter I am of the view that the search and seizure as made by the authority cannot be allowed to continue any more. Therefore, the same is quashed under this order. As a result whereof the petitioner is directed to place the order before the Criminal Court for necessary action at the earliest. 7. Thus the writ petition stands disposed of. 8. There will be no order as to costs. 9. Let xeroxed certified copy of this Judgment be supplied to the parties by the department within seven days from the date of putting in requisition for drawing up and completion of the order as well as the certified copy thereof. 10. All parties are to Act on a xeroxed signed copy minutes of the operative part of this jud ..... X X X X Extracts X X X X X X X X Extracts X X X X
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