Andhra Pradesh High Court - Amravati
Katam Brahmaiah, vs The State Of Andhra Pradesh, on 8 August, 2022
Author: Battu Devanand
Bench: Battu Devanand
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THE HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION NO.24019 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 the consent of both the learned counsels, this writ petition is disposed of at the stage of admission.
3) The case of the petitioner is that the petitioner has been running the business with valid licenses and permits with name and style of "Sarala Traders". On 04.02.2022 at 2-00 p.m., the Mandal Revenue Inspector along with Vigilance Officers, Sidhout Mandal, found one Goods Lorry bearing No.A.P.04 TU 9719 at Shekarajupalli Village Fields which was loaded with 250 quintals of rice bags and seized the rice bags along with lorry under the cover of Panchanama and registered a case in Cr.No.28 of 2022 u/s.420 of IPC and Sec.7(1) of E.C.Act of Sidhout Police Station. Thereafter, the petitioner submitted a representation, dated 04.03.2022 before the 2nd respondent requesting to release the stock for interim custody in his favour. But, the 2nd respondent did not consider his application. Aggrieved by the same, the present writ petition has been filed.
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4) The learned counsel for the petitioner submits that he had purchased 250 quintals of Sona rice (25 kgs bags) from Bhanu Srivalli Traders of Nellore and loaded the same in the Lorry bearing No.A.P.04 TU 9719. As there is space in the Lorry, one rythu contacted him over phone and requested to transport his rice. When, the petitioner went there along with Lorry bearing No.A.P.04 TU 9719, the Vigilance authorities came there and seized the rice of the petitioner in the said lorry. Therefore, he prayed to release the seized stock in his favour.
5) The learned Government Pleader for Civil Supplies contends that the petitioner is purchasing PDS rice from surrounding villages at cheaper rate and sells at higher rate. Learned Government Pleader further contends that on receipt of credible information, the inspecting authorities conducted search and seized the rice and the vehicle and initiated proceedings under Section 6A of the Essential Commodities Act. As the rice seized is having a perishable nature to pass interim disposal order, the 2nd Respondent has not considered the request of the petitioner to release the same in his favour.
6) 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 3 proceedings under Section 6A 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, it is appropriate and reasonable to direct the 2nd Respondent to consider and pass appropriate orders on the application submitted by the petitioner to protect the interest of the Respondents, pending disposal of the 6-A proceedings.
7) Accordingly, this Writ Petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on the representation, dated 04.03.2022, submitted by the petitioner, to release the seized stock pending 6-A proceedings, in accordance with law, within a period of one week from today.
8) There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
______________________ JUSTICE BATTU DEVANAND Dt.08.08.2022.
Note: Issue CC tomorrow.
B/o PGR 4 THE HON'BLE SRI JUSTICE BATTU DEVANAND W.P.No.24019 of 2022 Dt.08.08.2022 PGR