ORDER:

The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:

“to issue order or direction more particularly one in the nature of Writ of MANDAMUS declaring the seizer of the TATA Goods Carrier Bearing No.AP 39 TR 0589, dt 01.03.2024 and the registration of the case in Crime No.28/2024 by the 4th respondent and initiation of proceedings under Sec.6(A) of EC Act by the 2nd respondent as illegal, arbitrary and without any authority and consequently direct the respondents to release the TATA Goods Carrier Bearing No.AP 39 TR 0589 to the petitioner in the interest of justice and to pass such other order or orders…”

2) Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies and perused the material available on record.

3) The case of the petitioner is that the petitioner is the owner of the seized vehicle. On 01.03.2024 at about 11.00 AM at Vidapanakal boarder check post, vidapanakal village and mandal the petitioner along with other accused purchased PDS rice from different villagers and got polished the subject rice. While so, the complainant Smt.M.Lakshmidevi, CSDT, Kunderu Mandal along with K.Prahalada Rao, VRO Vidapanakal village and mandal inspected and seized the stock in the presence of mediators. Later the complainant unloaded the polished PDS rice at stock point, Uravakonda and then sized vehicle bearing No. AP 39 TR 0589 along with the stock and handed over the same along with panchanama to the 5th respondent. Subsequently, a case under Crime No.28/2024 was registered at Vidapanakal Police station on 01.03.2024 and 6-A proceedings were also initiated. Pending 6-A proceedings, the seized vehicle was handed over to the 5th respondent for safe custody. The petitioner submitted an objection cum claim petition on 01.03.2024 before the 2nd respondent seeking to conduct an enquiry into confession cum seizure mahazaranama. Pending such enquiry, the petitioner sough for release of vehicle. But, the 2nd respondent neither considered nor passed any orders. Aggrieved by the same, the present Writ Petition is filed.

4) However, considering the facts and circumstances of the case and in the light of the latest order passed by a Division Bench of this Court in ‘Onteru Bhaskar vs. State of Andhra Pradesh, represented by its Principal Secretary, Civil Supplies Department and others’ 1 in our considered opinion, it is appropriate and reasonable to direct the 2nd Respondent to release the seized vehicle in favour of the petitioner on imposing certain condition, to protect the interest of the Respondents, pending disposal of the 6-A proceedings.

5) Accordingly, the writ petition is disposed of with the following directions:

(i) The Respondents shall release the seized vehicle bearing No.

AP 39 TR 0589 pursuant to the panchanama in favour of petitioner on condition of furnishing personal or third party immovable property as security equivalent to the value of the seized stock, within a period of two (02) weeks from the date of receipt of a copy of this order.

(ii) The Petitioner shall submit an undertaking stating that the seized vehicle shall not be alienated or mortgaged during pendency of the 6-A proceedings.

1 2022 SCC Online AP 348

6) There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any pending in this writ petition, shall stand closed.

______________________________________ VENKATESWARLU NIMMAGADDA, J

22.03.2024 BSP THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7298 of 2024

22.03.2024 BSP