Andhra Pradesh High Court - Amravati
Nakka Venkateswarlu, vs The State Of A.P. on 10 August, 2022
Author: Battu Devanand
Bench: Battu Devanand
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION NO.25015 of 2022
O R D E R:
Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies and perused the material available on record.
2) With their consent, this writ petition is disposed of at the stage of admission.
3) The case of the petitioner is that the petitioner is the owner of Mini Eicher Lorry bearing No.A.P.07 TW 7399. My vehicle was engaged by one Shaik Rana Hussain of Kattakindapalli Village of Veligandla Mandal, for transportation of 164 bags of raw rice to his poultry farm in his village. While the vehicle reached his chicken shop on the way to poultry farm in the morning hours of 17.03.2022, the 3rd respondent intercepted and illegally seized the same along with the stock under the cover of Panchanama, alleging as if the rice in the lorry is PDS rice and registered a case u/s.6-A of Essential Commodities Act, 1955. He filed a 6-A report before the 2nd respondent. The petitioner filed a representation, dated 11.07.2022 requesting to release the seized vehicle. But, the 2nd respondent passed order in Rc.CS1/6A/58/2022, dated 2 27.07.2022 directing to release of lorry on his furnishing bank guarantee for an amount of Rs.4,00,000/- from any Nationalized Bank for a period of three years validity. Aggrieved by the same, the present writ petition is filed.
4) The learned counsel for the petitioner submits that the seized rice is not PDS rice and it is raw rice purchased in Kanigiri Town from the miller for the purpose of poultry feed. The Respondents for statistical purpose seized the rice of the petitioner while it is in transportation without any basis to allege clandestine transaction.
5) The learned Government Pleader for Civil Supplies contends that the petitioner is purchasing PDS rice from surrounding villages at cheaper rate and sells at higher rate. Learned Government Pleader further contends that on receipt of credible information, the inspecting authorities conducted search and seized the rice and the vehicle and initiated proceedings under Section 6A of the Essential Commodities Act. As the rice seized is having a perishable nature to pass interim disposal order, the 2nd Respondent has rejected the request of the petitioner to release the same in his favour. 3
6) Having heard the respective counsel and upon perusal of the material available on record, it is an admitted fact that subsequent to the seizure of the rice and vehicle, a proceedings under Section 6A are initiated before the 2nd Respondent, who is the competent authority. The illegality and validity of the seizure has to be decided by the 2nd Respondent in 6A proceedings. This Court is not inclined to interfere into the 6A proceedings. However, considering the facts and circumstances of the case and in the light of the latest order passed by a Division Bench of this Court in Onteru Bhaskar vs. State of Andhra Pradesh, represented by its Principal Secretary, Civil Supplies Department and others1 in our considered opinion, it is appropriate and reasonable to direct the 2nd Respondent to release the seized vehicle in favour of the petitioner on imposing certain condition, to protect the interest of the Respondents, pending disposal of the 6A proceedings by modifying the endorsement of the 2nd Respondent in Rc.No.CS1/6A/58/2022, dated 27.07.2022.
7) Accordingly, the writ petition is disposed of with the following directions:
(i) The endorsement in Rc.No.CS1/6A/58/2022, dated 27.07.2022, issued by the 2nd Respondent is hereby set aside. 1
2022 SCC OnLine AP 348 4
(ii) The 2nd Respondent shall release the seized vehicle pursuant to the Panchanama, dated 17.03.2022, in favour of the petitioner on condition of furnishing personal or third party immovable property security equivalent to the value of the seized stock in the said vehicle, within a period of two (02) weeks from the date of receipt of a copy of this order.
8) There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
______________________ JUSTICE BATTU DEVANAND Dt.10.08.2022.
Note: Issue CC tomorrow.
B/o PGR 5 THE HON'BLE SRI JUSTICE BATTU DEVANAND W.P.No.25015 of 2022 Dt.10.08.2022 PGR