Onteru Bhaskar vs The State Of Andhra Pradesh
2022 Latest Caselaw 839 AP

      IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                        &
              HON'BLE MR. JUSTICE SUBBA REDDY SATTI

                      WRIT APPEAL No. 201 of 2022
                         (Proceedings through virtual mode)



Onteru Bhaskar
S/o. O. Gangaiah, aged about 44 years,
Occ: Agriculture, Ashok Leyland Lorry
Bearing No.AP04-TU-4475,
r/o. Masapeta village, Rayachoty Mandal,
Y.S.R. Kadapa District.                                       .. Appellant

          Versus

The State of Andhra Pradesh
Rep.by its Principal Secretary,
Civil Supplies Department,
Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District
and others.                                                   ..Respondents

Counsel for the Appellant                    : Ms. Popuri Lakshmi Priyanvita

Counsel for respondents No.1 to 3            : G.P. for Civil Supplies

Counsel for respondent No.4                  : G.P. for Home


                             JUDGMENT (ORAL)

Dt: 15.02.2022 (per Prashant Kumar Mishra, CJ)

This writ appeal has been preferred seeking quashing of the part

of the order dated 19.01.2022 in W.P. No.192 of 2022 passed by the

learned single Judge, whereby cash security of Rs.2,25,000/- was

directed to be paid by the appellant/writ petitioner by way of challan in

favour of Section 6-A Authority under the Essential Commodities Act,

1955 for release of the vehicle.

2. Shorn of unnecessary details, suffice it to indicate that the

appellant/writ petitioner's lorry bearing No. AP-04-TU-4775 was seized

when it was involved in illicit transportation of 500 bags of PDS rice

weighing 250.00 quintals @ Rs.3,600/- per bag from Rayachoti to

Bangalore. While Crime No.151 of 2021 has been registered for the

offence punishable under Sections 420 IPC and Section 7(1) of the

Essential Commodities Act, 1955, on the file of Chinnamandem police

station, YSR Kadapa District, at the same time, proceedings under

Section 6-A of the Essential Commodities Act, 1955 have also been

initiated. On the appellant/writ petitioner's application, the respondent

No.2 directed for release of the subject vehicle, on furnishing bank

guarantee for Rs.9,00,000/- by the appellant/writ petitioner.

3. Challenging the said order of the respondent No.2, the writ

petition was preferred before the learned single Judge, which has been

disposed of directing the appellant/writ petitioner to deposit cash

security of Rs.2,25,000/- by way of challan in favour of 6-A Authority

and furnishing immovable property security/third party immovable

property security for the remaining value of Rs.6,75,000/- by executing

a personal bond in favour of the appropriate authority.

4. Having heard the learned counsel for the parties, we are inclined

to dispose of the writ appeal by directing the concerned respondent to

release the vehicle (lorry) bearing No. AP-04-TU-4775, on furnishing

third party immovable property security to the value of Rs.9,00,000/-

(Rupees nine lakhs only) by the appellant/writ petitioner before the 6-A

Authority and also furnishing an undertaking that the appellant/writ

petitioner shall not alienate or create third party interest over the

subject vehicle during pendency of the proceedings before the 6-A

Authority. The undertaking shall also contain a recital that the

appellant/writ petitioner shall not substantially alter or change the

condition of the subject vehicle.

5. With the above directions, the writ appeal is disposed of. No

costs. Pending miscellaneous applications, if any, shall stand closed.

PRASHANT KUMAR MISHRA, CJ                          SUBBA REDDY SATTI, J

 Note:
 C.C. by tomorrow
 B/o.
 GM