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2013 Supreme(Kar) 338

Ram Mohan Reddy
Mahalingappa – Appellant
Versus
Deputy Commissioner (Food and Civil Supplies), Gulbarga – Respondent


Advocates Appeared:
Sri Deepak Barad, for Petitioner;
Sri Manvendra Reddy, for Respondents.

ORDER

Ram Mohan Reddy, J: Petitioner, a registered owner of the motor vehicle being a truck bearing certificate of registration No.KA-32-B-2604 when hired by Messrs. Abdul Gani Trading Company of Jewargi to transport food grains to Hyderabad along with necessary permission from the trader and relevant documents, the PSI of Shahabad Police Station on 30.11.2011 alleging violation of Sections 3 and 7 of the Essential Commodities Act, 1955 (for short 'the Act') seized the foodgrains and the truck and registered an FIR. Petitioner's request for release of the motor vehicle led to the Deputy Commissioner issuing an endorsement dated 18.02.2012 Annexure-F calling upon the petitioner to furnish a bank guarantee for Rs. 11,50,000/- being the market value of the truck, for its release.

2. Aggrieved by the said endorsement, petitioner has preferred this petition.

3. The Deputy Commissioner exercising power under Section 6-A of the Act initiated proceedings over the seizure of 400 bags of 50 Kgs. each containing wheat transported by the petitioner. Seizure of the motor vehicle carrying wheat for alleged violation of Sections 3 and 7 of the Act cannot but be said to be within the jurisdiction of










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