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VENKATESWARLU NIMMAGADDA
Yenugula Subba Rao – Appellant
Versus
State of A. P. – Respondent
ORDER :
(Venkateswarlu Nimmagadda, J.) :
1. This writ petition is filed claiming the following relief :
2. The case of the petitioners is as follows:
3. The 1st petitioner herein was engaged in doing business in rice both wholesale and retail. While so, he got an order from Sri Kalyan Chakravarthi Rice Mill, Ethakota, East Godavari District for supply of 170.00 Qtls of fine variety of raw rice. Accordingly, the 1st petitioner engaged the lorry bearing No. AP 27 W 6288 belongs to the 2nd petitioner to transport 170.00 Qtls of rice and got loade
The procurement of PDS rice from cardholders does not violate the Essential Commodities Act, as it does not interrupt the public distribution system.
The main legal point established in the judgment is that 'rice' is considered an essential commodity under the Essential Commodities Act, 1955, and is subject to seizure and confiscation under Sectio....
Mandatory registration of FIR is required for cognizable offences, and failure to adhere to this process invalidates subsequent legal actions.
Mandatory registration of FIR is required for cognizable offences, and unlawful seizure of goods without proper procedure contravenes established legal principles.
Procedural lapses in FIR registration render subsequent search and seizure invalid, emphasizing the importance of following legal protocol in criminal actions.
The detention order was found to be illegal as the commodities 'rice' and 'paddy' were not covered by APSCD ORDER 2008 at the time of the detention order, rendering the detention illegal.
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