Telangana High Court
Aitha Krishna vs The State Of Telangana on 15 February, 2021
Author: P.Naveen Rao
Bench: P.Naveen Rao
THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.3182 of 2021
Date:15.02.2021
Between:
Aitha Krishna, S/o. Aitha Rangaiah,
Aged about 50 years, Occ: Owner of the
Vehicle Goods Carriage HMV Lorry
Bearing No.AP 13W 8150, R/o.Plot No.23,
Road No.6, Dharmapuri Colony, Lingojiguda,
Saroornagar, Ranga Reddy District .. Petitioner
And
The State of Telangana, rep., by its
Principal Secretary, Consumer Affairs,
Food and Civil Supplies, T.S. Secretariat
Buildings, Hyderabad and others(Civil Supplies)
Department, Secretariat, Hyderabad and others .. Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.3182 of 2021
ORDER:
Heard learned counsel for the petitioner, learned Assistant Government Pleader for Civil Supplies for respondents 1 to 3 and learned Assistant Government Pleader for Home for respondent No.4. With the consent of both the parties, the writ petition is disposed of at the admission stage.
2. Aggrieved by the action of the 4th respondent in seizing the Goods Carriage HMV Lorry bearing No.AP 13W 8150 in connection with Crime No.31 of 2021 on the ground that the vehicle was used for illegal transportation of PDS rice, the present writ petition is filed.
3. As fairly submitted by learned counsel for petitioner and learned Assistant Government Pleader, enquiry under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act') and prosecution in the crime are yet to commence.
4. Enquiry under Section 6-A of the Act and investigation/ prosecution into the crime registered against petitioner may take considerable time. Meanwhile, as the vehicle is kept in the open yard exposed to sun and other weather conditions and kept idle, roadworthiness of the vehicle may severely be affected. At the same time, as the vehicle is involved in a crime and violated statutory regulations, it can not be handed over to the owner even before the proceedings are concluded. Such course may bolster the offender to commit further offences and is not in public interest. In the circumstances, the Court has to balance the respective claims and take due note of public interest. In the given facts, the Court is inclined to opt a middle path.
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5. In view of the same and having regard to the facts and circumstances of the case, without expressing any opinion on merits, the writ petition is disposed of directing the 4th respondent-Station House Officer, Adibatla Police Station, Rachakonda District, to release the vehicle in issue, subject to following conditions :
(a) The petitioner shall furnish fixed deposit receipt as proof of opening of fixed deposit account for an amount of 60,000/- (Rupees sixty thousand only)/or bank guarantee for the equal sum;
(b) He shall furnish an undertaking in writing that he will not alienate or change the physical features of the vehicle;
(c) He shall produce the vehicle whenever required;
(d) He shall furnish the copies of R.C. Book of the vehicle and driving licence of the driver;
(e) The 2nd respondent/the Collector, Civil Supplies, Rachakonda, Lakdi-ka-pool, Hyderabad, shall write to the RTA authorities not to entertain any application to transfer the vehicle in question on any third party's name without clearance from the Civil Supplies Department;
(f) The release of the vehicle shall be subject to the orders to be passed in the enquiry under Section 6-A of the Act/prosecution of Crime No.31 of 2021.
Pending miscellaneous petitions, if any, shall stand closed.
___________________ P.NAVEEN RAO, J Date:15.02.2021 KH -4- THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3182 of 2021 Date:15.02.2021 KH