3.2022 Kvl vs The Circle Inspector Of Police &
2022 Latest Caselaw 1257 AP

      HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

             MAIN CASE No: W.P.No.5896 of 2022

                       PROCEEDING SHEET

SL.     DATE                             ORDER                           OFFICE
NO.                                                                       NOTE
01.   10.03.2022 KVL, J


                        Notice before admission.
                        Heard Smt. Kavitha Gottipati, learned
                 counsel for the petitioner.
                        The Writ Petition is filed challenging
                 the seizure of 260.00 Quintals of Raw Rice
                 from        lorry        bearing       registration
                 No.AP05TG1845 under the cover of police
                 proceedings dated 31.01.2022 as arbitrary
                 and illegal.
                        The main contention of the learned
                 counsel for the petitioner is that according
                 to Clause 20(a) of the Andhra Pradesh
                 Targeted       Public     Distribution         System
                 (Control Order), 2018, the power to seize
                 the stock is given only to the officers not
                 below the rank of Sub-Inspector. Whereas,
                 in the present case, a Constable has seized
                 the subject stock.
                        Learned counsel also relied upon the
                 Judgment of this Court in Vigneswara
                 Traders Vs., The Circle Inspector of Police &
                 others [2013(4) ALD 241] in support of her
                 contention.
                        In      view     of      the    facts     and
                 circumstances of the case, the respondents

are directed to release the subject stock to the petitioner, which was seized on 31.01.2022. However, this order is subject SL. DATE ORDER OFFICE NO. NOTE to the further order that would be passed in the enquiry initiated under Section 6A of the Essential Commodities Act and the petitioner is at liberty to raise all the contentions before the Joint Collector.

List the matter after eight (08) weeks.

________ KVL, J

HS