ORDER:

The petitioner seeks to issue writ of mandamus declaring the action of 2nd respondent in seizing the petitioner’s Auto Rickshaw bearing No. AP 05 TD 7201 in relation to Crime No.144 of 2020 of Alamuru Police Station, East Godavari District without following the procedure as contemplated under law as illegal, arbitrary and for a consequential direction to respondent No.2 to release the vehicle.

2. The facts briefly are that the petitioner is the owner of Auto Rickshaw bearing No. AP 05 TD 7201. On the early hours of 27.05.2020, the 2nd respondent along with his staff while checking the vehicles at Kothuru Centre, Alamuru Mandal, intercepted the aforesaid vehicle and on verification, found 700 Kgs of PDS rice was being illegally transported. He seized the essential commodity as well as the vehicle and prepared an occurrence report and basing on the said report, he registered a case in Crime No.144 of 2020 of Alamuru Police Station under Section 188 of IPC and Section 7 of Essential Commodities Act, 1955 (for short, “EC Act”)

3. The petitioner who is the owner-cum-driver of the seized Auto Rickshaw submits that he filed a petition before the 3rd respondent for interim custody of t