THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.4673 of 2023
O R D E R:
This Writ Petition is filed seeking following relief:
"...to issue a writ order or direction more particularly one in the nature of Mandamus declaring the action of the 5th respondent in seizing the Ashok Leyland Lorry ALEY 3718 vehicle bearing No.MH 13 AX 4832 belongs to the petitioner together with 755 Plastic Bags (298.00 quintals) of rice under panchanama dated 15.12.2022, registered a case in Crime No.342 of 2022 by the 6th respondent on the ground the petitioner transporting/PDS rice as illegal, arbitrary and without jurisdiction and consequently direct the respondents to release the Ashok Leyland Lorry ALEY 3718 vehicle bearing No.MH 13 AX 4832..."
2. Heard Sri Somavarapu Satyanarayana, learned counsel for the petitioner, learned Assistant Government Pleader for Civil Supplies appearing on behalf of respondent Nos.1 to 5, and learned Assistant Government Pleader for Home appearing on behalf of respondent No.6.
3. Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle i.e., Ashok Leyland Lorry ALEY bearing No.MH 13 AX 4832 and the vehicle is having all requisite documents and it is used for transportation of goods, agricultural products, etc., on hire basis and the petitioner also used to give her vehicle to third parties on hire basis for transportation of goods. He further submits that on 15.11.2022, basing upon the alleged complaint of respondent JSR, J W.P.No.4673 of 2023 2 No.5 that the vehicle of the petitioner transporting 755 plastic bags (298.00 quintals) of government rice illegally from Hyderabad to Gujarath, respondent No.6 registered a case vide Crime No.342 of 2022 dated 15.11.2022 for the offence under Section 420 read with Section 34 of IPC and Section 7 of the Essential Commodities Act, 1955 (hereinafter called, 'the Act'). On 15.12.2022, respondent No.5 conducted panchanama in the presence of panchas and kept the petitioner's vehicle in respondent No.6 Police Station.
4. Learned counsel vehemently contended that rice and paddy are not essential commodities as per the provisions of the Act and the respondents are not having any authority or jurisdiction to seize the vehicle and stocks through panchanama dated 15.12.2022 and the entire proceedings initiated against the petitioner's vehicle is contrary to the provisions of the Act, as well as the Telangana State Public Distribution System (Control) Order, 2016 (hereinafter called, 'the Control Order'). He further contended that the Additional Collector, Sanga Reddy District, initiated proceedings invoking the provisions of Section 6-A of the Act and clause 17-A of the Control Order, especially the same are not applicable insofar as rice and paddy are concerned. He also contended that the seized stock/rice was purchased from the rice millers and it is not PDS rice. In the absence of any material evidence on record, respondent Nos.5 and 6 alleged that 298 bags of rice belongs to the Government.
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5. In support of his contention, he relied upon the unreported judgment of this Court in W.P.No.4823 of 2020 dated 23.12.2020 and reported judgment in Sri Sai Traders, rep. by its Proprietor and others v. Assistant Supply Officer, Circle-I, Vijayawada and others 1.
6. Per contra, learned Assistant Government Pleader contended that respondent Nos.5 and 6 found that 755 plastic bags (298.00 quintals) of rice belonging to the Government ration rice (PDS rice) and petitioner's vehicle transporting the same illegally and the same was seized after due verification only. During the course of enquiry, the driver of the vehicle has not produced any document pertaining to the seized stocks, on the other hand, he had given statement in writing in the presence of witnesses that the stocks belonging to Beerbal S/o.Dharan Sani and he is transporting the said rice from Hyderabad to Gujarat and petitioner is the owner of the vehicle.
7. He further contended that the respondent authorities after following the due procedure as contemplated under the provisions of the Act as well as the Control Order initiated the proceedings vide E.C.Act Case No.170 of 2022 and the same is pending before the Additional Collector, Sanga Reddy, and the said authority has already issued notices to the petitioner as well as the owner of the good including the driver of vehicle directing them to submit their 1 2006 (4) ALT 758 (S.B.) JSR, J W.P.No.4673 of 2023 4 objections/explanation and till date they have not submitted their objections and the said proceedings are pending. He also submits that pursuant to the interim order dated 06.06.2023 granted by this Court, the petitioner's vehicle already released and the same is subject to outcome of the 6-A proceedings. The petitioner, without approaching the competent authority and without submitting explanation, approached this Court and filed writ petition and the same is not maintainable under law.
8. In support of his contentions, he relied upon the order passed in W.P.No.24869 of 2023 dated 08.09.2023, wherein this Court directed respondent No.2 therein i.e., District Collector, to conclude Section 6-A proceedings within a period of four weeks from the date of receipt of copy of the said order and given liberty to the petitioner therein to raise all the grounds including that rice is not essential commodity under the provisions of the Act and Control Order.
9. Learned Assistant Government Pleader for Home submits that the petitioner is as accused No.2 in Crime No.342 of 2022, the owner of the seized stocks was arrayed as accused No.3 and the driver of the petitioner's vehicle was arrayed as accused No.1. The petitioner as well as accused No.3 absconding and they are not cooperating for completion of investigation in the above said crime and the petitioner is not entitled the relief sought in the writ petition.
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10. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner is the owner of the vehicle and the same was seized by respondent Nos.5 and 6 on 15.11.2022 and respondent No.6 registered a case in Crime No.342 of 2022 for the offence under Section 420 read with Section 34 of IPC and Section 7 of the Act and the said case is pending. Respondent Nos.3 to 6 have conducted panchanama in the presence of panchas on 15.12.2022, wherein it is stated that the petitioner's vehicle transporting 755 plastic bags weighing 298.00 quintals of government ration rice and the same was seized and kept under safe custody with MLS Point Sadasivapet and the value of said rice is Rs.3,57,600/- and also seized the vehicle and kept the said vehicle in the premises of respondent No.6. It further reveals from the record that pursuant to the interim orders granted by this Court on 06.06.2023 and 12.07.2023, the respondent authorities released the vehicle in favour of the petitioner.
11. Admittedly, the petitioner is the owner of the vehicle and she is not the owner of the seized stocks. Respondents have initiated 6-A proceedings invoking the provisions of the Act and Control Order vide E.C.Act Case No.170 of 2022 and the same is pending before Additional Collector, Sanga Reddy, and the said authority had issued notice directing the petitioner, owner of seized stocks and driver of the vehicle to submit their written statement and neither the petitioner JSR, J W.P.No.4673 of 2023 6 nor the owner of the seized stocks have submitted their objections till date.
12. The main contention of the learned counsel for the petitioner is that the rice does not come within the definition of essential commodity and the provision of the Act as well as Control Order is not applicable, hence, the respondents have no jurisdiction to seize the vehicle of the petitioner as well as stocks.
13. It is very much relevant to place on record that the similar issue has came up for consideration before this Court in M/s.Sri Shanmukhi Traders Rep. by its Prop. Ch.Ranga Rao vs. The Collector (CS) Medak District at Sanga Reddy 2 and the learned single Judge, while considering the provisions of the Act as well as Control Order and also the principle laid by the Division Bench of this Court in Maimuna Begum v. State of Telangana, represented by its Chief Secretary, Hyderabad and others 3 and also considering the Division Bench judgment of this Court in Elluru Chandra Obul Reddy v. Joint Collector, Kadapa 4 held that the "rice and paddy" are essential commodities and that a dealer or a miller or a purchaser of paddy or any person, contravening the order made by the Government in exercise of jurisdiction under Section 3 read with Section 5 of the Act, are liable to be prosecuted under the provisions 2 2021 (5) ALD 426 3 2016 (5) ALT 280 (D.B.) 4 2008 (6) ALT 538 (D.B.) JSR, J W.P.No.4673 of 2023 7 of the Act and further held that the decision in Maimuna Begum "supra" is not applicable on the ground that the allegation of purchase of PDS rice from the card holders is after introduction of Clause 17(e) to Control Order, 2016, and the said judgment is applicable only to the cases, which falling prior to introduction of the said provision.
14. In the case on hand, the respondents have initiated the proceedings against the petitioner as well as the owner of the seized stock and driver of the vehicle on 15.11.2022, vide Crime No.342 of 2022 under Section 420 read with 34 of IPC and Section 7 of the Act and thereafter the respondents have conducted panchanama on 15.12.2022 wherein it is stated that petitioner's vehicle illegally transporting the Government ration rice (PDS rice) of 298.00 quintals and initiated 6-A proceedings invoking the provisions of the Act as well as Control Order, 2016 and the principle laid down in M/s.Sri Shanmukhi Traders Rep. by its Prop. Ch.Ranga Rao "supra" is squarely applicable to the facts and circumstances of the case and the order in W.P.No.4283 of 2020 dated 23.12.2020 and judgment of Sri Sai Traders "supra" relied upon by the learned counsel for the petitioner are not applicable to the facts and circumstances of the case.
15. Insofar as the other contention raised by the learned counsel for the petitioner that the seized stocks (rice) is not Government ration JSR, J W.P.No.4673 of 2023 8 rice (PDS rice) is concerned, it is disputed question of fact and the same cannot be determined in this writ petition and the petitioner and owner of the seized stocks are entitled to submit written statement/explanation before the concerned authority by producing relevant evidence in E.C.Act Case No.170 of 2022, which is pending before the Additional Collector, Sangareddy.
16. For the foregoing reasons, the writ petition is disposed of granting liberty to the petitioner to submit written statement/explanation by raising all the grounds which are available under law before Additional Collector, Sanga Reddy, in E.C.Act Case No.170 of 2022 within one (1) week from the date of receipt of a copy of this order. The Additional Collector, Sangareddy, is directed to consider the written statement/explanation filed by the petitioner and pass appropriate orders in accordance with law within a period of three (3) weeks from thereafter after giving opportunity to the petitioner including personal hearing. No costs.
In view of dismissal of main writ petition, interlocutory applications pending, if any, in this writ petition shall stand closed.
______________________ J.SREENIVAS RAO, J Date:18.11.2023 mar