Telangana High Court
Aitha Srikanth vs The State Of Telangana on 17 October, 2023
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.29121 OF 2023
ORDER:
This writ petition is filed aggrieved by the seizure of the lorry of the petitioner i.e., Ashok Leyland bearing No. AP04 V 1462 under the cover of panchanama, dated 18.08.2023, in connection with FIR.No.420 of 2023 of Khammam Rural Police Station registered for the offence under Section 420 IPC and Sections 7 and 8 of the Essential Commodities Act, 1955 (for short 'the EC Act').
2. Learned counsel for the petitioner submitted that on the report dated 12.08.2023 lodged by the informant stating that PDS rice is being illegally transported in the lorry of the petitioner, the lorry along with loaded rice was seized by the 4th respondent-Station House Officer, Khammam Rural Police Station. The petitioner is no way connected with the seized rice stocks, however since he was also travelling in the vehicle, he was shown as accused No.2 in FIR No.420 of 2023. It is submitted that the proceedings under Section 6-A of the EC Act have not been finalised, as such, the petitioner is constrained to approach this Court.
3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies.
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BVR,J WP.No.29121_2023
4. The vehicle of the petitioner was seized on 18.08.2023, but so far proceedings under Section 6-A of the EC Act have not been finalised. Moreover, it is contended that the petitioner is no way connected with the seized rice stocks.
5. In view of the above, 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., Ashok Leyland lorry bearing No. AP 04 V1462, seized in connection with Crime No.420 of 2023 of Khammam Rural Police Station, in favour of the petitioner subject to condition of his furnishing security by way of Fixed Deposit for a sum of Rs.50,000/- (Rupees Fifty Thousand only) in favour of respondent No.2-Collector (Civil Supplies), Khammam District. Release of the vehicle shall be subject to outcome of the confiscation proceedings under Section 6-A of the Essential Commodities 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 subject vehicle as and when required by the authorities concerned. No order as to costs.
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BVR,J WP.No.29121_2023 As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
____________________ B. VIJAYSEN REDDY, J Date:17.10.2023 vv