Andhra Pradesh High Court
WP/25415/2020 of Sreenivasulu Bhupalam, Vs The State of Andhra Pradesh on 31 December 2020
KONGARA VIJAYA LAKSHMI WRIT PETITION No.25415 of 2020 ORDER: Heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies. At their request, the Writ Petition is being disposed of at the admission stage itself. The action of respondent No.2, in seizing
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Arguments
HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.25415 of 2020
ORDER:
Heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies. At their request, the Writ Petition is being disposed of at the admission stage itself.
The action of respondent No.2, in seizing Mahindra Bolero Campher bearing No.AP 02 TA 9767 on the ground of transportation of PDS rice, is questioned in the Writ Petition as being illegal and arbitrary.
Petitioner’s case, in short, is that, he is the owner of the Mahindra Bolero Campher bearing No.AP 02 TA 9767 and using the vehicle for transportation of goods. On 28.10.2020, when the subject vehicle was engaged by Sri Vijaya Durga Traders for transportation of rice to Karnataka State by obtaining GST bill and Weight Bridge bill, respondent No.2 intercepted and seized the subject vehicle, along with 50 bags of rice, vide police proceedings dated 28.10.2020, alleging that it is PDS rice procured from the card holders, and registered Crime No.537 of 2020 on the file of Chilamathur Police Station, Ananthapuram District, for the offences punishable under Section 420 IPC and Section 7 of the Essential Commodities Act, 1955. Aggrieved by the same, the present writ petition is filed.
Learned Counsel for the petitioner submits that petitioner, being the owner of the vehicle, is not concerned with the Crime said to have been committed by the accused in that case. He relies on the order of this Court, in W.P.No.18163 of 2020 dated 16.10.2020, to contend that the seized stock and vehicle were directed to be released subject to furnishing immovable property security for the value of the seized stock and personal bond and a third party surety in respect of the vehicle.
In the circumstances, the respondents are directed to get the vehicle valued by the concerned Motor Vehicle Inspector in the presence of the petitioner after serving notice on him and the petitioner is directed to furnish the immovable property security by executing a bond in favour of appropriate authority strictly adhering to the Stamps and Registration Laws as per the value fixed by the Motor Vehicle Inspector and, on production of such immovable property as security, the respondents are directed to release the Mahindra Bolero Campher bearing No.AP 02 TA 9767 as interim custody. The petitioner shall give proof of ownership of the vehicle and an undertaking that he will not alienate, alter its nature or create any encumbrance over the same, pending proceedings under Section 6-A of the Act.
With the above observation, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed.
Date:31.12.2020 Note:Issue copy in ten days bo Usd _________________________________
KONGARA VIJAYA LAKSHMI, J