Andhra Pradesh High Court - Amravati
S. Pandian And Sons, vs The State Of A.P. on 11 July, 2022
Author: Battu Devanand
Bench: Battu Devanand
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THE HONOURABLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No. 19780 of 2022
O R D E R:-
Heard learned counsel for the petitioners, learned Government Pleder for Civil Supplies and the learned Government Pleader for Home.
02. Learned counsel for the petitioners submits that the petitioner No.1 is a wholesale merchant doing business in all kinds of food grains and corrugated boxes. The petitioner No.1 got an order from the trader Bebo International, Chollangi, Andhra Pradesh, for a consignment of 500 bags of non branded raw rice, each weighing 50 kgs. Thereafter, he engaged a lorry bearing No. AP 24 TB 4404 belonging to the petitioner No.2 to transport the said rice. While the lorry was proceeding to Chollangi after loading the rice, on 13.04.2022 at about 3.30 pm, the SI of Police i.e., respondent No.4 intercepted the lorry near Tanguturu Toll Plaza and alleging that the rice is PDS rice registered a case in Cr.No.81 of 2022 under Section 420 r/w 34 IPC and Section 7 of the Essential Commodities Act and reported the same to the Tahsildar, Tangutur. On information, the respondent No.3 came and seized the stock and lorry under cover of panchanama dated 14.04.2022 and thereafter, proceedings under Section 6-A are initiated.
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03. Learned counsel for the petitioners further submits that the petitioners filed Petitions on 29.04.2022 before the Respondent No.2, requesting to release the seized lorry and rice in their favour, and the respondent No.2 passed an Order in Rc.Cs1/6A/82/2022, dated 18.06.2022, directing the petitioner Nos. 1 and 2 to produce bank guarantee for an amount of Rs.10,00,000/- and Rs.6,00,000/- respectively for release of the seized stock and lorry without considering the contentions and documents filed by the petitioners. By the time they filed petitions for release of the stock, as the analyst report was received, which clearly reveals that the seized stock did not belong to the PDS rice, the 2nd respondent ought to have released the stock and the lorry to the petitioners unconditionally and closed the 6-A Proceedings. Therefore, the Order of the respondent No.2 is illegal, arbitrary and violative of the principles of natural justice.
04. He further submits that the lorry is kept idle in the police station exposing to sun and rain for the last three months and the rice is kept in MLS point and if the stock and the lorry are not released to the petitioners, they will be put to irreparable loss and hardship. Therefore, it is just and necessary to direct the respondents to relese the seized stock to the petitioner No.1 and the lorry to the 2nd petitioner. 3
05. 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 6-A of the Essential Commodities Act, 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 6-A 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 v State of A.P., represented by its Principal Secretary, Civil Supplies Department and others1 in our considered opinion, it is appropraite and reasonable to direct the 2nd respondent to release the seized stock and vehicle in favour of the petitioners on imposing certain conditions, to protect the interest of the Respondents, pending disposal of the 6-A Proceedings by modifying the Order of the 2nd Respondent in R.C.No.CS1/6A/82/2022, dated 18.06.2022.
06. Accordingly, the Writ Petition is disposed of with the following directions:
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2022 SCC Online Ap 348 4
i) The Proceedings of the 2nd respondent in R.C.No.CS1/6A/82/2022, dated 18.06.2022, is hereby set aside; and
ii) the Respondent No.2 shall release the rice seized pursuant to the Panchanama dated, 14.04.2022, in favour of the petitioner No.1, on condition of furnishing immovable property security equivalent to the value of the seized rice within a period of Two (02) weeks from the date of receipt of a copy of this Order; and
iii) The Respondent No.2 shall release the seized vehicle bearing No. AP 24 TB 4404 in favour of the petitioner No.2 on condition of furnishing immovable property security equivalent to the value of the seized stock from the said vehicle within a period of Two (02) weeks from the date of receipt of a copy of this Order.
06. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this case shall stand closed.
______________________________ JUSTICE BATTU DEVANAND Date : 08.07.2022 Note: Issue CC by 11-07-2022.
B/o eha 5 THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No. 19780 of 2022 Date : 08.07.2022 eha