ORDER:

This Writ Petition under Article 227 of Constitution of India is filed for the following relief:

“to issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in not releasing the vehicles Bolero Van bearing No.AP 39 TZ 9422; Tata Magic bearing No.AP 39 UE 3921 & Auto Rickshaw bearing No.AP 35W 3808 in favour of the petitioners, which were seized on 03.10.2024 on the alleged transportation of PDS rice as illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and consequently direct the respondents to release the seized vehicle in favour of the petitioners, and pass such other order or orders that the Honourable Court may deem fit and proper in the interest of justice.”

2. The case of the Writ Petitioner is briefly as follows:

The petitioners are the owners of the subject seized vehicles, purchased by borrowing huge amount from the close relatives and financiers. By running the vehicles, the petitioners have been eking their livelihood and repaying the monthly instalments to the financiers.

On 03.10.2024 at about 5.00 A.M., the Inspector of Police, Cheepurupalli Mandal, Vizianagaram District – 4^th respondent intercepted the vehicles at Three Road Junction, Cheepurupalli and found PDS rice of 200 Kgs, 500 Kgs and 300 Kgs while transporting the same to Hariprasad Rice Mill, Cheepurupalli. The petitioners have been running the vehicles on hire basis and are no way concerned with the said PDS rice. The 2^nd petitioner gave his vehicle to his driver viz., M.Rami Reddy for transportation of the goods. On 02.10.2024, one knowing person hired the vehicle for transportation of the rice. Believing his version, the petitioners agreed to transport the same. The said person took the vehicle to his residence and loaded the rice. While going towards Cheepurupalli, the police stopped the same and seized the vehicles on the pretest of PDS rice. Though the petitioners have specifically stated that they are no way concern with the rice and the vehicles were hired on transport charge basis, without hearing them, the 4^th respondent obtained their signatures on the panchanama under threat and force. The petitioners are not aware of the contents of the panchanama. Basing on the seizure, the police registered crime in F.I.R.No.128/2024 for the alleged offence under Section 318(4) of the Bharatiya Nyaya Sanhita and Section 7(1) of the Essential Commodities Act, 1955.

Pursuant to said seizure of the vehicles, on 08.10.2024, the petitioners filed Crl.M.P. (SR) No.6223/2024 before the learned Judicial First Class Magistrate, Cheepurupalli under Section 497(2) of the Bharatiya Nagarik Suraksha Sanhita, however, the said petition was returned on 14.10.2024 for lack of jurisdiction as the offence related to Section 7 of the Essential Commodities Act, 1955.

3. The learned counsel for the petitioners submitted that it is only after filing of the writ petition, the concerned authorities have followed the proper procedure of producing the vehicles before the appropriate authority and that he could understand from the written instructions given to the learned Government Pleader about the mistake committed in giving custody of the vehicles and therefore, the petitioners had no opportunity to move appropriate petition before the concerned authority for release of vehicles.

4. The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions of the Tahsildar, Cheepurupalli in Rc.No.264/2024/SA dated 02.12.2024 and submitted that the Sub-Inspector of Police had addressed a letter dated 20.11.2024 to the Joint Collector, Vizianagaram stating that after registering the FIR, a memo had been mistakenly submitted before the learned Judicial First Class Magistrate, Cheepurupalli requesting to issue necessary directions about the seized PDS rice and to proceed with further investigation