Telangana High Court
Aitha Krishna vs The State Of Telangana on 14 February, 2025
THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI
WRIT PETITION No.4411 of 2025
ORDER:
This Writ Petition arises out of the proceedings dated 20.08.2024, wherein under a cover of panchanama, the vehicle i.e., Goods Carriage (Lorry) bearing No. AP 29 TA 3816 has been seized and a case in Crime No.224 of 2024 on the file of the Narketpally Police Station, Nalgonda, has been registered. The petitioner is seeking interim release of the vehicle i.e., Goods Carriage (Lorry) bearing No. AP 29 TA 3816 subject to confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955 issued by the authorities.
2. Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Civil Supplies appearing for respondent Nos.1 to 4 and learned Assistant Government Pleader for Home appearing for respondent No.5 and perused the record.
TMD,J WP_4411_2025 2
3. Learned counsel for the petitioner submits that the vehicle i.e., Goods Carriage (Lorry) bearing No. AP 29 TA 3816 was seized under the cover of panchanama dated 20.08.2024 by respondent No.5 in connection with Crime No.224 of 2024 on the file of the Narketpally Police Station, Nalgonda, under Section 318 (4) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 7 of the Essential Commodities Act, 1955 (for short 'the E.C. Act').
4. Learned Government Pleader for Civil Supplies submitted that proceedings under Section 6-A of the E.C. Act, have been initiated against the petitioner and the same are pending. Learned Government Pleader further submitted that the subject vehicle is still in the custody of respondent No.5-Police Station.
5. Having regard to the fact that the proceedings under Section 6-A of the Essential Commodities Act, 1955 have already been initiated and the said proceedings are likely to take some time for conclusion, the respondents are directed to release the vehicle i.e., Goods Carriage TMD,J WP_4411_2025 3 (Lorry) bearing No. AP 29 TA 3816, subject to the petitioner furnishing a bank guarantee by way of Fixed Deposit for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of respondent No.2 and also furnishing an undertaking that he will not alienate the subject vehicle or alter its nature or create any encumbrance on it. The release of the vehicle shall be subject to outcome of the confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955.
6. With the above directions, this Writ Petition is disposed of. No order as to costs.
Miscellaneous applications, if any, pending in this writ petition, shall stand closed.
_____________________________ JUSTICE T. MADHAVI DEVI Date: 14.02.2025 PRN