ORDER

The present writ petition is filed by the petitioner challenging the order dated 24.08.2012 passed by the learned Principal Sessions Judge, Khammam in Criminal Appeal No.213 of 2010 against the order dated 05.07.2010 in M.C. No.123 of 2010 passed by 2 nd respondent as illegal, arbitrary and unconstitutional and consequently to direct the respondents to release bank guarantee furnished by the petitioner for the value of the seized stock and to pass such other order or orders.

2. The pleadings in the writ petition are that the petitioner was the proprietor of M/s. Sri Sai Rama Rice and General Merchant, Church Road, Khammam District and has valid Form-B license for running the said business. It is submitted that on 09.10.2010, the respondent, along with Enforcement team intercepted the petitioner’s lorry bearing No.AP 20 TA 1699 and on verification of the stock in the said lorry, found that 200 quintals of PDS rice was being transported from Khammam illegally under the guise of “Cheeru” i.e., the mixture of lease quality broken rice and bran. It is further alleged that the rice is being transported without taking permission from the 2 nd respondent and thereby violated Clause 7(