R.S Traders vs The State Of Telangana
2022 Latest Caselaw 1455 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                 AND
    THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



             WRIT APPEAL No.198 of 2022

JUDGMENT:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of an order

dated 23.02.2022 passed by the learned Single Judge in

W.P.No.8978 of 2022.

     The facts of the case reveal that the writ petition was

preferred by the appellants/writ petitioners seeking a writ

of mandamus declaring the seizure of 500 quintals of rice

and the vehicles bearing Nos.AP 24 TA 6988 and AP 24 TC

5388 in connection with Crime No.15 of 2022 dated

18.01.2022, as arbitrary and illegal. It was brought to the

notice of the learned Single Judge that a criminal case has

been registered and the vehicles as well as stock have been

seized pending enquiry under Section 6-A of the Essential

Commodities Act, 1955. The learned Single Judge, placing

reliance upon the judgment delivered in similar facts and

circumstances i.e., W.P.No.23826 of 2009 and batch,

decided on 30.04.2021, has directed the appellants/writ
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petitioners to submit an application for release of vehicles

and the respondent No.2 has been directed to obtain

valuation certificates from the Motor Vehicle Inspector

concerned. The release of the vehicles has been permitted

subject to furnishing a bank guarantee for the equal sum.

In the considered opinion of this Court, the impugned

order is only an order granting interim custody of the

vehicles and the interest of the State is also required to be

protected. Therefore, this Court does not find any reason

to interfere with the order passed by the learned Single

Judge.

The writ appeal is accordingly dismissed.

The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

24.03.2022 vs