Basavaraja vs The State Of Andhrapradesh
2022 Latest Caselaw 8078 AP

                                  1




THE HONOURABLE SRI JUSTICE BATTU DEVANAND


             Writ Petition No.17652 of 2022
ORDER:-

     This Writ Petition has been filed by the Petitioner

seeking the following relief:


             "declare the action of the 5th respondent in

seizing the Ashok Leyand Goods Vehicle bearing No. KA 34 C 1398 belonging to the petitioner under Panchanama dated 16.11.2021 as illegal, arbitrary and without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955, and the A.P. State Targeted Public Distribution System (Control) Order, 2018, besides violation of petitioner's right guaranteed under Article 14, 19 (1) (g) and 21 of the Constitution of India and consequently, set aside the same and direct the respondents not to take any action pursuance to the illegal seizure."

2. Heard Sri Harish Kumar Rasineni, learned counsel

for the petitioner, and the learned Government Pleader

for Home and the learned Government Pleader for Civil

Supplies and perused the record.

3. The case of the petitioner is that the petitioner is

the owner of the vehicle i.e., Ashok Leyland Mini Goods

Vehicle bearing No. KA 34 C 1398 and the said vehicle

was seized by the 5th respondent, who is the Head

Constable, D. Hirehal Police Station, Anantapuram

District, under Panchanama, dated 16.11.2021, without

any authority under law, alleging that PDS rice is being

transported illegally in the said vehicle.

4. It is the further case of the petitioner that as per

the provisions of the Control Order, 2018, it is only the

Officer not below the rank of Sub Inspector is authorized

to exercise the power to inspect and seize the stocks or

vehicle and as such, the 5th respondent/Head Constable

has no power to conduct inspection and seize the vehicle

and stocks. Therefore, basing on such Panchanama,

seizure of vehicle and registering of Crime is completely

illegal and without jurisdiction. Challenging the inaction

of the 5th respondent in seizing the vehicle under Police

Proceedings dated 16.11.2021, the present Writ Petition

has been filed by the Petitioner.

5. As per the Order dated 05.07.2022 of this Court,

the Director General of Police filed Affidavit contending

that on 16.11.2021 as the SI of Police, D.Hirehal PS was

on ZPTC/MPTC Election duty at Muradi Village, the

Assistant Sub Inspector of Police, D. Hirehal PS was

attending the regular duties in the Police Station. The

Head Constable-214, who was conducting vehicle

checking on National Highway noticed that one Ashok

Leyland Goods Vehicle, which was loaded with 55 rice

bags, and took the said vehicle along with stock to the

Police Station and submitted a Special Report and basing

on the said Special Report, the Assistant Sub Inspector of

Police registered a case in Cr.No.313 of 2021 under

Section 420 and Section 7 (1) of E.C.Act and drafted

Police Proceedings and seized the said vehicle.

Thereafter, the Assistant Sub Inspector produced the

said rice and vehicle before the Tahsildar-cum-Mandal

Executive Magistrate as contemplated under Section 6 of

the E.C. Act. Thereafter, the SI of Police took up the

investigation and filed charge sheet before the Judicial

First Class Magistrate, Rayadurgam. He further contends

that he issued a Circular vide Rc.No.4791/C4/2022,

dated 07.07.2022, to follow the Judgments passed by the

Hon'ble High Court in W.P.No.16240/2019, 17827/2019,

9535/2021 and 9969 of 2021. Therefore, he prays to

close the Writ Petition.

6. The contention of the learned counsel for the

petitioner is that the vehicle of the petitioner is seized by

the Head Constable without any authority under law,

which is illegal. In the affidavit filed by the Director

General of Police, it is admitted that the Head Constable-

214 seized the vehicle and the Assistant Sub Inspector of

Police registered a case. In view of clear admission in

the affidavit filed by the D.G.P., stating that the vehicle

of the petitioner was seized by the Head Constable, in

the light of the orders passed by this Court earlier in

W.P.Nos.9535 of 2021, 16240 of 2019, 17827 of 2019,

19071 of 2019 and 19041 of 2019, wherein it is held that

the Head Constable is not authorized to seize the stock

or the vehicle in terms of the Control Order, 2018, and it

is the Officers not below the rank of Sub Inspector of

Police within their respective jurisdiction are authorized

to exercise such powers. In view of the clear admission

in the affidavit filed by the Director General of Police that

the vehicle of the petitioner was seized by the Head

Constable, this Court is left with no other option except

to declare that the seizure of the vehicle of the petitioner

is illegal and made without any authority of law.

7. For the above mentioned reasons and the law

declared in Sri Vigneswara Traders, Komerapudi

Village v Circle Inspector of Police, Porumamilla

Police Station, YSR Kadapa 1 , that the search and

seizure made by the respondent No.5 on 16.11.2021 is

declared as illegal, arbitrary and without authority of law

and consequently, the same is set aside.

8. In the result, the Writ Petition is allowed directing

the respondents to release the Ashok Leyland Goods

Vehicle bearing No. KA 34 C 1398 forthwith.

9. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this case shall stand closed.

                                      ________________________________
                                      JUSTICE BATTU DEVANAND
Date :        .10.2022

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    2013 (4) ALD 241

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

WP No. 17652 of 2022

Date : -10-2022

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