Andhra Pradesh High Court - Amravati
Pothula Hemalatha vs The State Of Andhra Pradesh on 3 March, 2022
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
1
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.5320 of 2022
ORDER:
The Writ Petition is filed questioning the order of the 2nd respondent dated 07.02.2022 imposing condition of producing bank guarantee for an amount of Rs.6,00,000/- for release of lorry bearing No. AP 24 TB 0321 Ashok Leyland HMV which was seized pursuant to FIR No.194/2021 dated 18.09.2021 for the offences punishable under Section 420 IPC and Section 7 of Essential Commodities Act, 1955 as illegal and arbitrary.
2. The case of the petitioner is that she is the owner of the subject lorry ; when a third party asked for vehicle, the same was given to him and when he was transporting the raw rice, which was rejected by AP Civil Supplies Corporation, the 3 rd respondent seized the same along with the lorry; the subject rice is not PDS rice at all and even the analysis report reveals the same; challenging the seizure, the petitioner filed W.P.No.27764/2021 and the said Writ Petition was disposed of directing the petitioner to file an application seeking release of the lorry; pursuant to the said order in that Writ Petition, the petitioner made a representation and the impugned order dated 07.02.2022 was passed directing the petitioner to produce bank guarantee for an amount of Rs.6,00,000/- for 2 release of the subject lorry, pending finalization of 6A proceedings. Hence, the Writ Petition.
3. Learned counsel for the petitioner Mr. Solomon Raju Manchala submits that the subject rice is not PDS rice and he relies upon the analysis report of seized rice sample which is filed along with this Writ Petition. As seen from the said report it is observed as follows:
"1. The given seized rice sample is Raw rice- Grade-A and the sample confirms to the FAQ Specifications whereas, the seized sample is mixed with 4% steamed rice which is not practiced in the distribution of PDS in A.P."
He also relies upon the rejection proforma given by A.P. State Civil Supplies Corporation, dated 25.06.2021 and contends that pursuant to the rejection order, the rice was released and the same rice is being transported in the subject lorry and hence, no offence committed by the petitioner and he is ready to submit third party immovable property security for interim release of the vehicle.
4. Heard learned counsel for the petitioner and learned Assistant Government pleader Mr.Raju.
5. In view of the facts and circumstances of the case, the impugned order is modified and the petitioner is directed to furnish third party immovable property security for an 3 amount of Rs.6,00,000/- to the satisfaction of the authorities concerned, and on furnishing the said security, the authorities are directed to grant interim release of the subject vehicle. The petitioner is also directed to give an undertaking that she will not alienate or change the nature of the vehicle or mortgage the same to any third party, pending disposal of 6A proceedings under the Essential Commodities Act. The interim arrangement made hereunder is subject to final orders that would be passed by the authority under section 6A of the Essential Commodities Act.
6. The Writ Petition is disposed of accordingly. No order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_________________________________ KONGARA VIJAYA LAKSHMI, J Date: 03.03.2022 Rmn 4 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.5320 of 2022 Date: 03.03.2022 Rmn