Andhra Pradesh High Court - Amravati
Order vs The 2Nd on 1 February, 2021
THE HON'BLE MS JUSTICE J.UMA DEVI
WRIT PETITION No.2235 OF 2021
ORDER:
Petitioner seeks to issue writ of Mandamus declaring the
action of the 2nd respondent-District Collector in passing order in
Rs.CS1/6A/198/2020 dated 02.01.2021, contrary to the second
proviso to Sub-section (1)(c) of Section 6A of the Essential
Commodities Act, 1955 (for short, "the Act") as illegal, arbitrary
and violation of Article 14 and 21 of the Constitution of India and
consequently modify the order passed in Rs.CS1/6A/198/2020
dated 02.01.2021, in terms of proviso to Sub-section (1)(c) of
Section 6A of the Act, the present writ petition is filed.
Heard the submissions of the learned counsel for the
petitioner and also the submissions of the learned Assistant
Government Pleader for Civil Supplies.
Petitioner claims that he is the owner of the vehicle bearing
No.A.P.07 TF 6916. As per the information given to him by his
driver that his vehicle is engaged by two strangers to transport the
rice from Ulavapadu to Singarayakonda on hire basis for an
amount of Rs.1,500/-, believing the version of those two persons,
he agreed to transport the same. While the rice is being
transported to Singarayakonda in his vehicle, it is intercepted by
the police and during that time, it is brought to the notice of his
driver that those strangers are trying to divert the P.D rice to black
market. After seizure of the vehicle by the police, an application is
made by the petitioner before the District Collector-2nd respondent
for release of his vehicle and that the District Collector-2nd
respondent while ordering for release of the vehicle in favour of the
petitioner imposed the condition of furnishing bank guarantee for a
sum of Rs.2,50,000/- issued by a nationalised bank pending
finalisation of the 6-A proceedings. As the condition imposed is
onerous and is against the second proviso to Sub-section (1) (c) of
Section 6A of the Act and the known legal precedents, he has come
up with the present writ petition seeking to modify the order of
imposing condition to furnish bank guarantee for a huge amount
of Rs.2,50,000/- or to pass any such order which the Court deems
fit and proper in the circumstances of the case.
During the course of hearing, the learned counsel for the
petitioner has placed the order dated 30.12.2020, passed by this
Court in W.P.No.25517 of 2020 where an order for release of the
vehicle is made in similar circumstances on the condition of
furnishing bank guarantee equivalent to the worth of the seized
stock. He has also placed reliance on the judgment of the Division
Bench of this Court reported in G. Subbarama Naidu vs. The
Joint Collector, Chittoor1 where an order for release of the
vehicle is made giving a direction to the Joint Collector to release
the lorry of the petitioner therein on his submitting the security
equivalent to the seized essential commodities to the satisfaction of
the Joint Collector etc., etc.
Having regard to the fact that the petitioner's case is similar
to the case in Writ Petition No.25517 of 2020 and the judgment of
the Division Bench referred to above, this Court deems it
appropriate to dispose of the present writ petition itself by passing
the following order:
AIR 1986 AP 82
The 2nd respondent-District Collector is directed to release
the petitioner's vehicle bearing No.A.P.07 TF 6916 on condition of
his furnishing the bank guarantee for worth of seized stock
mentioned in the impugned order 02.01.2021, in terms of second
proviso to Sub-section (1)(c) of Section 6A of the Act.
With the above direction, the writ petition is disposed of. No
order as to costs.
Miscellaneous petitions, if any, pending in this petition shall
also stand closed.
__________________
J.UMA DEVI,J
Date:01.02.2021
Gk.
THE HON'BLE MS JUSTICE J.UMA DEVI
WRIT PETITION No.2235 OF 2021
Date:01.02.2021
Gk
