Andhra Pradesh High Court - Amravati
O R D E R vs State Of Andhra Pradesh on 2 August, 2022
Author: Battu Devanand
Bench: Battu Devanand
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION NO.23798 of 2022
O R D E R:
Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies and perused the material available on record.
2) With their consent, this writ petition is disposed of at the stage of admission.
3) The case of the petitioner is that the petitioner is the owner of the seized stock. The petitioner is doing business in boiled rice. He used to purchase the boiled rice in Redhills, Tamilnadu State and supplies them to different traders in Sullurpet and Nellore City. While so, during the course of his business, he purchased 523 bags of boiled rice each weighing 50 kgs in Redhills, Tamilnadu State and while transporting in Lorry bearing No.A.P.37 TC 8177 from Tamilnadu to Nellore, on 05.05.2022 at 3-00 pm, the same was intercepted by the 4th Respondent along with Vigilance and Enforcement Officers, Tirupati and seized the Lorry along with stock of rice, near Akkampet Village on NH-16, under the cover of Panchanama, alleging illegal transportation of PDS rice. Basing on the report 2 of the 4th Respondent, the 2nd Respondent has initiated proceedings u/Sec.6-A of the Essential Commodities Act.
4) The petitioner filed a representation before the 2nd Respondent, dated requesting to release the seized stock. But, the 2nd Respondent rejecting the application of the petitioner and issued proceedings in Rc.No.B.36/2022, dated 14.06.2022, directing the 3rd Respondent to dispose the seized stock through the public auction after fixing the upset price prevailing in the market. Aggrieved by the same, the present writ petition has been filed.
5) The learned counsel for the petitioner submits that the petitioner is doing business in boiled rice. He used to purchase the boiled rice in Redhills, Tamilnadu State and supplies them to different traders in Sullurpet and Nellore City. He further submits that the seized rice is not PDS rice and it is purchased in Redhills, Tamilnadu State to sell them in Nellore City. The Respondents for statistical purpose seized the rice of the petitioner while it is in transportation without any basis to allege clandestine transaction.
6) The learned Government Pleader for Civil Supplies contends that the petitioner is purchasing PDS rice at cheaper rate and sells at higher rate in the surrounding areas of 3 Sullurpet and Nellore City. Learned Government Pleader further contends that on receipt of credible information, the inspecting authorities conducted search and seized the vehicle along with stock of rice and initiated proceedings u/Sec.6-A of the Essential Commodities Act. As the rice seized is having a perishable nature to pass interim disposal order, the 2nd Respondent has rejected the request of the petitioner to release the same in his favour.
7) Having heard the respective counsel and upon perusal of the material available on record, it is an admitted fact that subsequent to the seizure of the rice and vehicle, a proceedings under Section 6-A are initiated before the 2nd Respondent, who is the competent authority. The illegality and validity of the seizure has to be decided by the 2nd Respondent in 6-A proceedings. This Court is not inclined to interfere into the 6-A proceedings. However, considering the facts and circumstances of the case and in the light of the latest order passed by a Division Bench of this Court in Onteru Bhaskar vs. State of Andhra Pradesh, represented by its Principal Secretary, Civil Supplies Department and others1 in our considered opinion, it is appropriate and reasonable to direct the 2nd Respondent to release the seized stock in favour of the 1 2022 SCC OnLine AP 348 4 petitioner on imposing certain condition, to protect the interest of the Respondents, pending disposal of the 6-A proceedings by setting aside the proceedings of the 2nd Respondent in Rc.No.B.36/2022, dated 14.06.2022.
8) Accordingly, the writ petition is disposed of with the following directions:
(i) The proceedings in Rc.No.B.36/2022, dated 14.06.2022, issued by the 2nd Respondent is hereby set aside.
(ii) The 2nd Respondent shall release the stock of rice seized pursuant to the mediators report, dated 05.05.2022, in favour of the petitioner on condition of furnishing immovable property security equivalent to the value of the seized rice, within a period of two (02) weeks from the date of receipt of a copy of this order.
9) There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
______________________ JUSTICE BATTU DEVANAND Dt.02.08.2022.
Note: Issue CC tomorrow.
B/o PGR 5 THE HON'BLE SRI JUSTICE BATTU DEVANAND W.P.No.23798 of 2022 Dt.02.08.2022 PGR