Andhra Pradesh High Court - Amravati
(2) Heard Learned Counsel For The vs (10) In The Result on 30 September, 2022
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION NO.31866 of 2022
O R D E R:
This writ petition is filed under Article 226 of the
Constitution of India, to issue writ of mandamus, declaring the
action of the fourth respondent in seizing the vehicle bearing
No.AP 21 W 6500 on 11.08.2022 in connection with Crime
No.87 of 2022 of Pamulapadu Police Station, Nandyal District
as illegal, arbitrary and violative of principles of natural justice
and for a consequential direction to Respondent Nos. 2 to 4 to
release the seized vehicle.
(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 21 W 6500 and he is
transporting goods in the said vehicle with valid permission.
On 11.08.2022, at 3:00 P.M., the fourth respondent and his
staff along with V.R.O and V.R.A, intercepted the vehicle
alleging that 290 packets, each 40 Kgs of PDS rice is being
transported in the said vehicle. The fourth respondent seized
the rice and vehicle by conducting panchanama. The fourth
respondent registered a case in Crime No.87 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, at the
time of seizure of the vehicle and the goods, the driver
produced original License, Registration Certificate, E-Way Bill
to the inspecting officials. But, they did not hear the petitioner.
Learned counsel further contends that the fourth 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 fourth
respondent, who is the Assistant Sub-Inspector of Police,
Pamulapadu Village, Kurnool District 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 Assistant Sub-
Inspector Cadre Officer, 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.
(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 vehicle No.AP 21 W 6500, forthwith
to the petitioner.
As a sequel, miscellaneous petitions, if any pending,
shall stand closed.
____________________________
JUSTICE BATTU DEVANAND
Dt.30.09.2022
SP
2013 (4) ALD 241
THE HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION NO.31866 of 2022
Dt.30.09.2022
SP
