Telangana High Court
Aitha Krishna vs The State Of Telangana on 10 August, 2021
THE HON'BLE SRI JUSTICE T. AMARNATH GOUD
WRIT PETITION No.18479 of 2021
ORDER :
With the consent of learned counsel for the petitioner and learned Government Pleader for Home, the writ petition is disposed of at the admission stage.
2. Aggrieved by the action of the respondents in seizing 265 quintals of rice belonging to the petitioner in connection with Crime No.413 of 2021 of P.S.Hayathnagar, on the ground that the said rice was PDS rice, the present writ petition is filed.
3. As fairly submitted by learned Counsel for petitioner and learned Government Pleader, enquiry under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act') and prosecution in the crime is yet to commence.
4. Enquiry under Section 6-A of the Act and investigation/prosecution into the crime registered against the petitioner may take considerable time. Meanwhile, the rice may get damaged. At the same time, as the rice is PDS rice, the same cannot be handed over to the owner even before 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 2 respective claims and take due note of public interest. In the given facts, Court is inclined to opt a middle path.
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, P.S.Hayathnagar, Ranga Reddy District, as the case may be, to release the rice after obtaining the valuation certificate from the concerned authorities, subject to following conditions :
(a) The petitioner shall furnish fixed deposit receipt as proof of opening of fixed deposit account for an amount valued by the concerned authorities for the rice seized or bank guarantee for the equal sum; and
(b) the release of the stock i.e. the rice shall be subject to the orders to be passed in the enquiry under Section 6-A of the Act/prosecution of Crime No.413 of 2021 of P.S.Hayathnagar.
Pending miscellaneous petitions, if any, shall stand closed ________________________ T. AMARNATH GOUD, J.
Date: 10.08.2021 ajr