Tirumalasetty Phani vs The Satate Of Andhra Pradesh
2022 Latest Caselaw 9659 AP

             HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                CRIMINAL PETITION No.10006 of 2022

ORDER:

The Joint Collector & Additional District Magistrate,

Bapatla District, in proceedings in case No.21/2022/Cs1, dated

03.09.2022, had directed confiscation of 362.50 quintals of rice

stored in 725 kgs, 11.20 quintals of paddy stored in 16 bags,

144.50 quintals of broken rice stored in 289 bags and 31.50

quintals of bran stored in 63 bags, belonging to the petitioner

under Section 6(A) of the Essential Commodities Act, 1955.

2. Aggrieved by the said order, the petitioner had moved the

Appellate Authority-cum-Principal District & Sessions Judge,

Ongole by way of Criminal Appeal No.85 of 2022. Pending the

said appeal, the petitioner filed Cr.M.P.No.636 of 2022 for

release of the said seized stocks.

3. The Appellate Authority by an order dated 25.11.2022 had

directed to release all the confiscated stocks, subject to

furnishing bank guarantee to the extent of the stocks ordered

for confiscation and the value to the satisfaction of the Joint

Collector.

4. Aggrieved by the said order, the petitioner has approached

this Court, by way of the present Criminal Petition.

Sri G. L. Nageswar Rao, the learned counsel appearing for the

petitioner relies upon a judgement of this Court dated

02.11.2022 in W.P. No.35451 of 2022 and an order of the

Division Bench of this Court dated 15.02.2022 Writ Appeal

No.201 of 2022 contending that this Court had been modifying

the said order permitting release of confiscated goods on

furnishing personal or third party immovable security for the

value of confiscated goods.

5. In view of the aforesaid judgments, this Criminal Petition

is disposed of, with a direction to the Joint Collector &

Additional District Magistrate, Bapatla District to release the

confiscated stocks in favour of the petitioner on condition of

furnishing third party immovable property as security equivalent

to the value of the seized stocks within a period of two (02)

weeks from date of receipt of this order.

Miscellaneous petitions, pending if any, in this Criminal

Petition shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J 15.12.2022 Note:-

Issue C.C. by Monday B/o MJA/KPA

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

CRIMINAL PETITION No.10006 of 2022

15.12.2022

MJA/KPA