Sms Trading & Company vs The State Of Andhra Pradesh
2022 Latest Caselaw 2375 AP

       IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

     HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                        &
           HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY

                      WRIT APPEAL No.466 OF 2022

                             (Through physical mode)

SMS Trading & Company,
Rep., by its Proprietor Syed Masood,
S/o Ghouse, Aged about 28 years,
D.No.23/76, Mohammedpura Street,
Rayachoty Town & Mandal,
YSR 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 : Mr. Shaik Meeravali

Counsel for the respondents : GP for Civil Supplies

ORAL JUDGMENT Dt:05.05.2022

(per Prashant Kumar Mishra, CJ)

This writ appeal is preferred against the order dated 21.04.2022

passed by learned single Judge disposing of W.P.No.9464 of 2022

directing the authorities concerned to release the seized stock of rice on

condition of the appellant/writ petitioner furnishing bank guarantee for an

amount of Rs.6,00,000/- and furnishing immovable property security for

the balance amount of Rs.3,00,000/-.

2. As can be seen from the material on record, it is apparent that the

respondents inspected the company of the appellant/writ petitioner and

seized 500 bags of rice worth Rs.9,00,000/- along with lorry bearing

No.AP 04 TX 3627 on suspicion that the said rice is PDS rice, and initiated

proceedings against the appellant/writ petitioner under Section 6-A of the

Essential Commodities Act.

3. Having considered the submissions made by the learned counsel

for both the parties and having found that in similar matter i.e., in

W.P.No.25418 of 2021, the learned single Judge directed release of seized

stock on furnishing immovable property security to the value of the rice to

the satisfaction of the authority concerned, we deem it appropriate to

direct the authorities concerned to release the seized stock of rice in the

present case on similar terms.

4. Accordingly, the Writ Appeal is disposed of directing the authorities

concerned to release the seized stock of rice on condition of the

appellant/writ petitioner furnishing immovable property security to the

value of the seized stock of rice. No costs. All pending miscellaneous

applications shall stand closed.

PRASHANT KUMAR MISHRA, CJ M. SATYANARAYANA MURTHY, J Nn