Andhra Pradesh High Court - Amravati
M/S.Nagaraja Traders vs The State Of Andhra Pradesh, on 21 January, 2021
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
: [ 2693 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI IA No. 1 OF 2020 IN WP NO: 25671 OF 2020 Between: 1. M/s.Nagaraja Traders, Represented by Proprietor, Modukuri Rajesh Gupta, S/o.Prabhakara Rao, Aged 40 years, Madduluri Road, S.N.Padu Village and Mandal, Prakasam District 2. Vasumathi Udayakumar, D/o.Annadurai, Aged 35 years, R/o.51, 3rd Block, Kodungaiyur, Chennai . ... Petitioners (Petitione? in WP. 25671 OF 2020 --on the file of High Court) AND 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies, Secretariat at Velagapudi, Amaravathi, Guntur Dist. The Collector(CS), Prakasam District The S.H.O., Mruturu PS, Prakasam District The Enforcement D.T., Addanki, Prakasam District The S.H.O., Mruturu PS, Prakasam District The Enforcement DT, Ongole-1. AARWN ...Respondents (Respondents in-do-) Counsel for the Petitioner: Smt.Kopparthi Sumathi Counsel for the Respondents: GP for Civil Supplies Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the seized lorry bearing No:AP 26 TA 3829 along with 550 Rice bags through Panchanama, dated 11-11-2020 and in Crime No:148/2020 of Marturu PS, Prakasam District, at Chennai at Thiru Rani Logistics Pvt. Ltd. Godown, and consequential the Panchanama, dt.12-11-2020 at Martur, SHO PS, pending disposal of the Writ Petition No. 25671 of 2020, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following: ORDER:
This writ petition is filed to declare the action of the respondents 3 and 4 in seizing the lorry bearing No.AP 26 TA 3829 along with 550 rice bags through panchanama dated 41.11.2020 in connection with Cr.No.148 of 2020 of Marturu PS, Prakasam District, as illegal and arbitrary. Learned counsel for the petitioners submits that the analysis report for seizure of rice samples with regard to subject crime shows that they could not identify that the rice belongs to PDS or any other schemes. Relying upon the said analysis report, he further submits that the subject rice is not at all PDS rice and seeks interim custody of the vehicle as well as the seized stock. Learned Government Pleader for Civil Supplies based on the panchanama submits that the subject rice is PDS rice and opposed release of the vehicle. The analysis report for seizure of the rice samples with regard to subject crime reads as follows.
'The given sample of seized rice is analysed in the District Lab and confirmed to FAQ Specifications and the same belongs to Gr.A. variety. There is no specific method of analysis to identity whether the rice belongs to PDS or any other scheme. As per the Bureau of Indian Standards, the given rice samples cannot be identified whether it belongs to PDS or any other schemes.' As the analysis report does not specify that the subject rice is PDS rice, the respondents are directed to give the interim custody of the seized lorry bearing Registration No.AP 26 TA 3829 to the 2"° petitioner pending finalisation of the 6-A proceedings, as interim custody on her furnishing immoveable property security for the amount equivalent to the value of the seized vehicle, which has to be assessed by the concerned Motor Vehicle Inspector, to the satisfaction of respondents 3 and 4. The 2" petitioner shall give an undertaking that she will not alienate or alter the vehicle, create any third party rights and that the vehicle would be produced as and when required during the course of proceedings. So far as rice is concerned, if the petitioner furnishes personal security bond for the amount equivalent to the value of the seized stock of rice, the same . may be released to the petitioner as an interim custody pending finalization of 6-A proceedings under Essential Commodities Act. | Sd/-M.Suryanadha Reddy ASSISTANT REGISTRAR AW fru JITRUE COPY!/ SECTIO OFF ICER eee To,
--_ _ The Principal Secretary, Civil Supplies, State of Andhra Pradesh, Secretariat at Velagapudi, Amaravathi, Guntur Dist.
The Collector(CS), Prakasam District The S.H.O., Mruturu PS, Prakasam District The Enforcement D.T., Addanki, Prakasam District The S.H.O., Mruturu PS, Prakasam District The Enforcement DT, Ongole-1 (1 TO 6 By RPAD) One CC to Smt.Kopparthi Sumathi Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court Of Andhra Pradesh. [OUT] One spare copy Fomor aareNr TR HIGH COURT KVLJ .
DATED:21/01/2021 ORDER
1.A.NO.1 OF 2020 IN WP.No.25671 of 2020 DIRECTION