Andhra Pradesh High Court - Amravati
M Suresh Kumar vs The State Of Andhra Pradesh on 21 February, 2023
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.4027 of 2023
ORDER:
The petitioner who is a dealer in food grains had hired a
lorry vehicle bearing AP 39 TT 3478 to transport 425.5 quintals
of rice from Rapthadu to Karnataka State. This vehicle was
intercepted on 01.01.2023 at Rapthadu junction by the 3rd
respondent, who seized the rice and the lorry under the cover of
Mahazaranama on 01.01.2023 and thereafter the 4th respondent
had registered crime No.3 of 2023 at Rapthadu Police Station on
the same day. It appears that the proceedings under Section 6(a)
of the Essential Commodities Act, 1955 have also been initiated.
2. The petitioner submits that the seizure and registration of
the crime as well as the initiation of proceedings under Section
6(a) of the Essential Commodities Act is not sustainable as the
driver of the vehicle had produced all the necessary documents
including the invoice bill and permits for transporting the said
rice and the seizure of the rice is clearly illegal. The petitioner
would also submit that the 4th respondent, without specifying
the actual quantity of rice loaded in the vehicle and without
verifying the invoices and other documents produced at the time
of seizure, is continuing with the prosecution of the crime No.3
of 2023.
3. The learned counsel for the petitioner also raises various
other contentions including the question of jurisdiction and
authority of the 4th respondent to inspect or seize the scheduled
commodities.
4. As proceedings under Section 6(A) of the Essential
Commodities Act, 1955 had been initiated, the petitioner had
moved an objection-cum-claim petition before the 2nd
respondent on 07.01.2023 to drop further action. A request was
also made for release of the seized rice and lorry, pending
enquiry. Another such request for release of the seized rice and
lorry was made on 20.01.2023. However, the 2nd respondent has
not passed any order on these requests. Aggrieved by the
inaction of the 2nd respondent in passing necessary orders, the
petitioner has approached this Court by way of the present Writ
Petition.
5. Sri Vijay Kumar Naidana, learned counsel for the
petitioner would rely upon an earlier judgment of this Court
dated 04.08.2022 in W.P.No.24339 of 2022 to contend that in
such circumstances, this Court had been directing the
concerned authorities to release the seized rice and vehicle
subject to the conditions stipulated in the order.
6. A perusal of the said order shows that this Court has been
issuing directions for release of the seized stock, pending
completion of Section 6(A) proceedings, subject to certain
conditions.
7. Accordingly, this Writ Petition is disposed of with the
following directions:
(i) The respondents shall release the rice seized pursuant to
the Mahazarname, dated 01.01.2023, in favour of the
petitioner on condition of furnishing immovable property
security situated in the State of Andhra Pradesh equivalent to
the value of the seized rice, within a period of two (02) weeks
from the date of receipt of a copy of this order.
(ii) The respondents shall release the seized vehicle (i.e.)
lorry bearing No. AP 39 TT 3478, in favour of the petitioner
on condition of furnishing immovable property security
equivalent to the value of the seized stock in the said vehicle,
within a period of two (02) weeks from the date of receipt of a
copy of this order.
There shall be no order as to costs.
Miscellaneous petitions, pending if any, in this Writ
Petition shall stand closed.
____________________________
R. RAGHUNANDAN RAO, J
21.02.2023
MJA
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.4027 of 2023
21.02.2023
MJA
