Telangana High Court
Tejavath Vijaya vs The State Of Teiangana And 3 Others on 6 January, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.87 OF 2021
ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies.
This writ petition is filed to declare the action of the respondent No.4 in seizing the vehicle i.e., Auto Mahendra Jeetho bearing No.TS30T-3870 pursuant to the Crime No.267 of 2020 as illegal.
The petitioner claims to be the owner of the vehicle i.e., Auto Mahendra Jeetho bearing No.TS30T-3870 and he used the said vehicle for transporting the goods. While the matter stood thus, the 4th respondent has seized the said vehicle on 31.12.2020 on the ground that the petitioner herein is transporting 8 quintal bags of PDS rice illegally in his Auto by cheating, which should be distributed to the public. On the said allegation, the 4th respondent has registered a case in Crime No.267 of 2020 for the offences under Section 420 IPC and Section 7 of the Essential Commodities Act, 1955 (for short 'the Act').
Learned counsel for the petitioner would submit that the enquiry under Section 6 of the Act and prosecution before the Criminal Court are yet to commence. Pending enquiry of the said proceedings, petitioner is hiring the said vehicle for transportation of the goods. Learned counsel would further submit that there is no specification about the PDS 2 commodities either in the Essential Commodities Act or in the Control Orders, none can identify whether it is PDS rice or not and there is no restriction of movement of paddy and rice and the vehicle was used for transportation of rice bags, the 4th respondent registered a case and seized the vehicle along with rice illegally without following due procedure of law.
Considering the said submissions and also the fact that the proceedings under Section 6-A of the Act are pending, the 4th respondent is directed to release the vehicle bearing No. TS30T-3870 on condition of petitioner furnishing a Personal Bond for Rs.10,000/- (Rupees ten thousand only) or 3rd party security to the value of the vehicle and also on his furnishing an undertaking that he will not alienate or change the physical features of the vehicle. The 4th respondent shall also address a letter to the RTA authority not to transfer the vehicle in question on any third parties name without clearance from the Civil Supplies Department. The release of the seized stock and vehicle shall be subject to outcome of the proceedings under Section 7 of the Essential Commodities Act.
Accordingly, the writ petition is disposed of. No costs. Miscellaneous Petitions, if any stand closed.
__________________ K. LAKSHMAN, J Date: 06.01.2021 dv