CRLP/15609/2013 of Bokka Raju Vs The State of Andhra Pradesh, on 31 December 2013

ORDER:

Heard the learned counsel appearing for the petitioners andlearned Additional Public Prosecutor appearing for the respondents.

2. The present application is filed under Section 482 read with457 CrPC seeking modification of the order dated 12.12.2013 passedin ECAC. No.201 of 2013 by the District Collector, Warangal,Warangal District, pending disposal of Criminal Appeal No.141 of2013 on the file of Principal District and Sessions Judge, Warangal.

3. The facts in issue are as under :

The Civil Supplies Authorities intercepted a lorry bearing No.AP-16-TU-2316 and seized stock worth Rs.18,77,222/-. Pursuant to thesaid search and seizure, the Authorities initiated proceedings againstthe petitioners and others under Section 6-A of the EssentialCommodities Act, 1955. After enquiry, the District Collector by hisorder dated 12.12.2013 ordered confiscation of 25% value of theseized stock i.e., Rs.4,69,305.50ps. in favour of the State Governmentand also released the vehicle by levying an amount of Rs.25,000/- asfine. Aggrieved by the said order, the petitioners herein filed CriminalAppeal No.141 of 2013 before the Principal District and SessionsJudge at Warangal. As the respondents 2 and 3 were pressurizing thepetitioners to pay the value of the 25% confiscated stock, thepetitioners filed Crl.M.P. (SR) No.4145 of 2013 seeking release of thestock on furnishing bank guarantee pending disposal of the appeal.The said application was returned on the ground of maintainability. Challenging the same, the present petition is filed.

4. A perusal of the material on record would indicate that thestock seized from the petitioners was kept in the custody of the third parties during the course of enquiry under Section 6(c) of the EssentialCommodities Act. Pursuant to the order passed by the DistrictCollector, the respondents 2 and 3 are now insisting upon thepetitioners to pay the value of the confiscation of the stock in favour ofthe State. Challenging the order, the petitioners herein preferred astatutory appeal under Section 6(c) of the Act and the same is pending.

5. The learned counsel for the petitioners mainly submits thatsince the appeal is nothing but continuation of the proceedings, it willbe proper for the petitioners to pay 25% value of seized stock. Hefurther submits that he is ready and willing to furnish suitable bankguarantee for the value of the stock ordered to be confiscated whichwill not cause any prejudice to the respondents.

6. Having regard to the facts and circumstances of the case andsince the appeal filed by the petitioners is pending before the Court of Principal District and Sessions Judge at Warangal, it would beappropriate to order release of the confiscated stock seized vide orderdated 12.12.2013 in E.C.A.C. No.201 of 2013 in file No.F1/2239/2013on the file of District Collector, Warnagal, in favour of the petitionerssubject to furnishing bank guarantee to an extent of Rs.4,95,000/-which is 25% of the value of the confiscated stock pending disposal ofCriminal Appeal No.141 of 2013 on the file of the Principal District andSessions Judge, Warangal. The Bank guarantee shall be kept alive till the disposal of Criminal Appeal No.141 of 2013 on the file of thePrincipal District and Sessions Judge, Warangal.

7. Accordingly, the criminal petition is disposed of with theabove direction.

As a sequel to it, miscellaneous petitions pending if any in thiscriminal petition, shall stand closed.

Date: 31.12.2013GM

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C. PRAVEEN KUMAR, J