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.

This Writ Petition is filed challenging seizure of Goods Carriage bearing No.AP 02 TC 4362 and rice 230 bags (11.5 tonnes) through panchanama dated 13.01.2021 by respondent No.4.

The facts briefly are that the petitioners purchased rice from Shri Balaji Agro Products (P) Limited, Bellary and transported with invoice and e-way bill; during transit, when the subject vehicle reached Nagasamudram Cross Road, respondent No.4, along with his staff, stopped the vehicle alleging that the rice that is being transported was PDS rice and seized the same, along with the vehicle, under panchanama dated 13.01.2021 and a case was registered in Crime No.12 of 2021 before Chennekothapalli Police Station, Ananthapuramu District under Section 420 IPC and Section 7(1) of the Essential Commodities Act, 1955 (for short, ‘the Act’).

Learned Government Pleader for Civil Supplies submits that, since proceedings under Section 6-A of the Act are not yet initiated, a petition under Section 457 of Cr.P.C has to be filed before th