Andhra Pradesh High Court - Amravati
Gottapu Ramesh Babu, vs The State Of Andhra Pradesh, on 29 November, 2022
Bench: Battu Devanand
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION NO.29472 of 2022
O R D E R:
This writ petition is filed under Article 226 of the
Constitution of India, claiming the following relief:
"To issue writ of mandamus declaring the mediators
report dated 11.08.2022 in seizing the 250 quintals of rice
containing in 500 bags and lorry bearing No AP 07 TD
0659 as illegal arbitrary and violation of Articles 19, 21 of
the Constitution of India and contrary to the terms of
G.O.Ms.No.15 Consumer affairs Food and Civil Supplies
CS I Department dated 01.08.2018 and consequently set
aside the same and further direct the respondents to
release the seized stock of 250-00 quintals of rice and the
lorry bearing No AP 07 TD 0659 to the petitioner"
(2) Heard learned counsel for the petitioner, learned
Government Pleader for Civil Supplies and learned
Government Pleader for Home and perused the material
available on record.
(3) The case of the petitioner is that, the petitioner is the
owner of the vehicle bearing No. AP 07 TD 0659 and he is
transporting goods in the said vehicle with valid permission.
On 11.08.2022, the Respondent No. 6 intercepted the vehicle
alleging that 250 quintals of PDS rice is being transported in
the said vehicle. The Respondent No.6 seized the rice and
vehicle by conducting panchanama. The sixth respondent
registered a case in Crime No.297 of 2022 under Section 420
read with 34 of I.P.C and Section 7(1) of Essential
Commodities Act, 1955.
(4) Learned counsel for the petitioner contends that the
sixth respondent has no authority to seize the vehicle and
stocks, as such, the search and seizure made pursuant to the
Mediator‟s Report dated 11.08.2022 to be declared as illegal
and without any authority of law.
(5) Learned Government Pleader for Civil Supplies and
learned Government Pleader for Home submits that, it is an
admitted fact that the seizure was made by the sixth
respondent, who is the Head Constable, Ravulapalem Police
Station and he is not authorized under Clause 20 of the
Andhra Pradesh State Targeted Public Distribution System
(Control) Order, 2018 (for short „Control Order, 2018).
(6) Having heard the submissions of the respective counsel
and upon perusal of the material available on record, it is an
admitted fact that the seizure was made by the Head
Constable, who is incompetent to exercise such power of
search and seizure as per Clause 20(A) of the Control Order,
2018. In fact, an identical issue was considered by this Court
on several occasions and declared the search and seizure by
the incompetent officer as illegal, arbitrary and consequently
set-aside the seizure proceedings.
(7) This Court in W.P.No.9535 of 2021, W.P.No.9969 of
2021, W.P.No.17829 of 2019 and W.P.No.16240 of 2019 by
following the judgment of this Court in Sri Vigneswara
Traders, Komerapudi Village vs. Circle Inspector of Police,
Porumamilla Police Station, Y.S.R Kadapa 1 declared the
police proceedings, search and seizure of essential
commodities and the vehicle by the incompetent officers as
illegal, as it is without any authority of law.
2013 (4) ALD 241
(8) This Court is not having different opinion on this aspect
and the law laid down by this Court in the above stated
judgments to be followed.
(9) In view of the above, the search and seizure made
pursuant to Panchanama dated 11.08.2022 is declared as
illegal, arbitrary and without authority of law and
consequently, the same is set-aside.
(10) In the result, the writ petition is allowed directing the
respondents to release the seized stock of 250 quintals and
seized vehicle bearing registration No.AP 07 TD 0659,
forthwith to the petitioner.
(11) There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending,
shall stand closed.
_____________________________
JUSTICE BATTU DEVANAND
Dt.29.11.2022
SP
THE HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION NO.29472 of 2022
Dt.29.11.2022
SP
