The court recognized the need for procedural fairness in the seizure of vehicles under relevant statutes.

ORDER

This writ petition is filed to declare the seizure of the petitioner’s vehicle i.e., Ashok Leyland Goods Carriage HMV bearing No.AP 39 TB 5665 under the cover of panchanama dated 02.10.2024 in connection with Crime No.132 of 2024 of Danthalapally Police Station, Mahabubabad District, as arbitrary and unconstitutional.

2. Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies appearing on behalf of respondents No.1 to 4 and learned Government Pleader for Home appearing on behalf of respondent No.5.

3. The vehicle of the petitioner i.e., Ashok Leyland seized under the cover of panchanama dated 02.10.2024 by respondent No.5 in connection with Crime No.132 of

2024 of Danthalapally Police Station, Mahabubabad District, under Section 318 (4) of Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’) and Sections 7 and 8 of the Essential Commodities Act, 1955 (for short ‘the E.C. Act’).

4. Learned Government Pleader for Civil Supplies submitted that proceedings under Section 6-A of the E.C. Act, have been initiated against the petitioner and the same are pending. Learned Government Pleader further submitted that the subject vehicle is still in the custody of respondent No.5-Police Station.

5. In view of the above facts and circumstances, taking into consideration the fact that the respondent authorities have initiated proceedings under Section 6- A of the E.C. Act and the same are pending, this Court is inclined to grant relief to the petitioner.

6. Accordingly, this Writ Petition is disposed of directing the respondent No.5 to release the vehicle i.e., 5665, under the cover of panchanama dated 02.10.2024 in connection with Crime No.132 of 2024 of Danthalapally Police Station, Mahabubabad District, in favour of the petitioner subject to condition of his furnishing bank guarantee by way of Fixed Deposit for a sum of Rs.50,000/- (Rupees Fifty Thousand only) in favour of respondent No.2. Release of the vehicle shall be subject to outcome of the confiscation proceedings under Section 6-A of the EC Act. Pending such proceedings, the petitioner is directed not to alienate or alter physical features of the subject vehicle, and is further directed to produce the vehicle as and when required by the authorities concerned. No order as to costs.

Miscellaneous applications, if any, pending in this writ petition, shall stand closed.