Telangana High Court
Aitha Krishna vs The State Of Telangana on 18 October, 2023
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.29379 OF 2023
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies.
2. The vehicle of the petitioner i.e., lorry bearing No. AP 07 TD 0239 was seized by the 4th respondent-Station House officer, Jangoan Police Station, under cover of panchanama dated 12.09.2023 in connection with Crime No.627 of 2023 of Jangoan Police Station registered for the offence under Section 420 IPC and Section 7 of the Essential Commodities Act, 1955 (for short, 'the EC Act'). The petitioner claims to be the owner of the subject vehicle. The Deputy Tahsildar (Civil Supplies Department), Jangoan, lodged a complaint with the 4th respondent on 12.09.2023 alleging that the lorry of the petitioner was apprehended as it was found transporting 202.5 quintals (405 bags) of PDS rice. The lorry driver Banothu Balya @ Balu (Accused No.1) confessed that PDS rice was being transported on the instructions of the petitioner-Accused No.2 and loaded by Thodeti Bugulaiah-Accused No.3 (owner of rice stocks).
3. Learned counsel for the petitioner submitted that the petitioner is no way concerned with the seized stocks. The vehicle of the petitioner was taken on hire by Accused No.3.
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BVR,J WP.No.29379_2023
4. Prima facie, the petitioner is not connected with the alleged PDS rice being transported and the vehicle of the petitioner was hired by Thodeti Bugulaiah, whose name was also mentioned in the FIR and who is arrayed as Accused No.3. In view of the same, this Court is inclined to grant relief to the petitioner.
5. Accordingly, this writ petition is disposed of directing the 4th respondent to release the vehicle i.e., lorry bearing No. AP 07 TD 0239, seized in connection with Crime No.627 of 2023 of Jangoan 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 the 2nd respondent -Collector (Civil Supplies), Jangoan 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. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
____________________ B. VIJAYSEN REDDY, J Date:18.10.2023 vv