Andhra Pradesh High Court - Amravati
Onteru Bhaskar vs The State Of Andhra Pradesh, on 19 January, 2022
Author: M. Ganga Rao
Bench: M. Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
W.P.No.192 of 2022
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleaders for Civil Supplies and learned Assistant Government Pleader for Home appearing for the respondents. With their consent, the Writ Petition is disposed of.
The petitioner claims to be the owner of the lorry bearing No. AP 04 TU 4775. The lorry is being used for transportation of goods. On 06.12.2021 at about 03.00 am while transporting the 500 bags of rice weighing 250.00 quintals of PDS rice @ Rs.3,600/- of rice from Rayachoti to Bangalore, the S.I of Police, Chinnamandem Police Station along with his staff seized the rice bags and the lorry, basing on which the above case was registered in Crime No.151 of 2021 dated 06.12.2021 for the offences punishable under Sections 420 IPC and 7(1) of the Essential Commodities Act, 1955 and also initiated proceedings under the provisions of Section 6A of the Essential Commodities Act. Thereafter, the 2nd respondent issued the impugned endorsement dated 28.12.2021 stating that the seized vehicle bearing No.AP-04-TU-4775 could be released on producing of bank guarantee for Rs.9,00,000/-, for release of the vehicle. Aggrieved by the said order, the present writ petition is filed.
Learned counsel for the petitioner submits that the petitioner is only the owner of the lorry, and he use the lorry for eking his livelihood and the vehicle was falsely implicated in this case. However, as per G.O.Ms.No.20, there is no restriction to purchase, store and transport the rice from one place to another. There is no license or permit required to purchase and transport the rice within the State and out of the State. The rice seized is not the rice meant for public 2 distribution system. Only on mere suspicion that the rice is PDS, the respondents seized the rice and the vehicle. It is very difficult for the petitioner to produce bank guarantee for an amount of Rs.9,00,000/-, the value of the seized stock, for release of the vehicle pending proceedings under the provisions of 6A of the Essential Commodities Act. As such by keeping the vehicle idle no purpose will be served except causing damage. The petitioner is ready and willing to furnish personal bond with local third party immovable property security and will abide by the conditions that would be imposed while releasing the vehicle.
Learned Government Pleader for Civil Supplies states that the Collector for Civil Supplies, Kadapa by impugned endorsement dated 28.12.2021 confiscated 100% stock along with petitioner's vehicle.
Having regard to the facts and circumstances of the case, submissions of the learned counsel for the petitioner and on perusal of the material available on record, this Court, found that if the vehicle is kept idle, same will be damaged due to vagaries of nature and imposing a condition of payment of 100% value of seized stock of Rs.9,00,000/- for release of the vehicle is found to be illegal. Hence, in the interests of justice, this Court felt it appropriate to dispose of the writ petition.
Accordingly, the respondents are directed to release the subject vehicle to the petitioner towards interim custody on the petitioner depositing Rs.2,25,000/- by way of challan in favour of the 6-A authority and furnishing immovable property security/third party immovable property security to the remaining value of Rs.6,75,000/- by executing a personal bond in favour of the appropriate authority, strictly adhering to the provisions of Registration Act and Stamp Act. The petitioner shall give proof of ownership of the vehicle and produce valid vehicle documents as per the provisions of the Motor Vehicles Act 3 and give an undertaking that he will produce the vehicle as and when required by the authorities and that he will not alienate, alter its nature or create any encumbrance over the same pending proceedings under Section 6A of the Essential Commodities Act. The release of the vehicle is subject to final order that would be passed by the 6A authority.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
_____________________ JUSTICE M. GANGA RAO 19.01.2022 PGT 4 THE HON'BLE SRI JUSTICE M. GANGA RAO W.P.No.192 of 2022 19.01.2022 PGT