O R D E R:

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

2) With the consent of both the learned counsels, this writ petition is disposed of at the stage of admission.

3) The case of the petitioner is that the petitioner is the owner of the vehicle bearing No.AP 39 TF 7423. The said vehicle was seized by the Station House Officer, Mundlamuru Police Station on the allegation of transporting PDS rice illegally and registered a case in Crime No.92 of 2022, dated 13.05.2022. Subsequently, the Respondents initiated proceedings under Section 6-A of Essential Commodities Act. The 2nd Respondent has issued proceedings in Rc.CS1/6A/95/2022, dated 25.06.2022 for interim disposal of the seized stock and the seized vehicle. To release the seized vehicle, it is directed to furnish bank guarantee to a tune of Rs.2,50,000/- pending 6-A proceedings. Aggrieved by the same, the present writ petition is filed.

4) The learned Government Pleader submits that considering the Model of the vehicle, they determined the value of the vehicle @ Rs.2,50,000/- and accordingly, they directed the petitioner to furnish bank guarantee.

5) Having heard the submissions of the respective counsels and upon perusal of the material available on record, it is an admitted fact that the vehicle of the petitioner is seized on the allegation of illegal transportation of PDS rice and 6-A proceedings are initiated. In the interim disposal order passed by the 2nd Respondent, it is mentioned that the value of the seized stock is Rs.1,20,250/-. But, the petitioner is directed to furnish bank guarantee to a tune of Rs.2,50,000/- for release of the seized vehicle. The contention of the learned Government Pleader that considering the Model and Make of the vehicle, an amount of Rs.2,50,000/- was fixed for release of the vehicle is not acceptable.

6) For better appreciation of the issue involved in this case, it is appropriate to extract Section 6-A of the Essential Commodities Act, as extracted hereinunder:

6A Confiscation of essential commodity:-

(1) Where any [essential commodity is seized] in pursuance of an order made under Section 3 in relation thereto, [a report of such seizure shall, without unreasonable delay, be made to] the Collector of the district or the Presidency town in which such [essential commodity is seized] and whether or not a prosecution is instituted for the contravention of such order, the Collector [may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied] that there has been a contravention of the order [may order confiscation of—

(a) the essential commodity so seized;

(b) any package, covering or receptacle in which such essential commodity is found; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity:-]

Provided that without prejudice to any action which may be taken under any other provision of this Act, no foodgrains or edible oilseeds in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized foodgrains or edible oilseeds have been produced by him, be confiscated under this section.

Provided further that in the case of any animal, vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried by such animal, vehicle, vessel or other conveyance.

7) On careful perusal of the second proviso to Section (1) of Section 6-A of the Essential Commodities Act, it is provided that in the case of any animal, vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire, in contravention the provisions of the Act, the ow