Telangana High Court
Aitha Krishna vs The State Of Telangana on 7 March, 2025
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.6762 of 2025
ORDER:
This Writ Petition is filed to declare the seizure of the petitioner's vehicle i.e., Goods Carriage (Lorry) bearing No.AP-22-W-9699 in connection with Crime No.345 of 2024 of Valigonda Police Station, Rachakonda District, as illegal and arbitrary.
2. Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Civil Supplies appearing for the respondent Nos.1 to 4, learned Assistant Government Pleader for Home appearing for the respondent No.5 and perused the record.
3. The vehicle of the petitioner i.e., Goods Carriage (Lorry) bearing No.AP-22-W-9699 was seized under the cover of panchanama dated 12.11.2024 in connection with Crime No.345 of 2024 of Valigonda Police Station, Rachakonda District, under Sections 318(4), 111 read with 2 SK,J W.P.No.6762 of 2025 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and Section 7 of the Essential Commodities Act, 1955 (for short, "the E.C.Act").
4. The learned Assistant Government Pleader for Civil Supplies submitted that proceedings under Section 6-A of the E.C. Act, have been initiated against the petitioner and the same are pending. Learned Assistant Government Pleader further submitted that the subject vehicle is still in the custody of respondent No.5-police station.
5. In view of the above facts and circumstances, taking into consideration the fact the respondent authorities have initiated proceedings under Section 6-A of the E.C.Act and the same are pending, this Court is inclined to grant relief to the petitioner.
6. Accordingly, this Writ Petition is disposed of, directing the respondents to release the vehicle i.e., Goods Carriage (Lorry) bearing No.AP-22-W-9699 in connection with Crime No.345 of 2024 of Valigonda Police Station, Rachakonda 3 SK,J W.P.No.6762 of 2025 District, in favour of the petitioner subject to condition of his furnishing bank guarantee by way of Fixed Deposit for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the respondent No.2-Joint Collector, Yadadri- Bhuvanagiri District. Release of the vehicle shall be subject to outcome of the confiscation proceedings under Section 6- A of the EC Act. Pending such proceedings, the petitioner is directed not to alienate or alter physical features of the subject vehicle, and is further directed to produce the vehicle as and when required by the authorities concerned. There shall be no order as to costs.
7. The miscellaneous petitions pending, if any shall stand closed.
_____________________ JUSTICE K.SARATH Date:07.03.2025 EDS 4 SK,J W.P.No.6762 of 2025 THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.6762 of 2025 Date:07.03.2025 EDS