THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.34944 of 2025

ORDER

This Writ Petition is filed challenging the action of respondents No.3 and 4 in seizing stock of 378.70 (380) quintals of rice belonging to petitioner No.1 and also seizing the vehicle bearing No.TS 05 UA 6868 belonging to petitioner No.2 in FIR No.383 of 2025 Toopran Police Station, Medak District, as illegal and arbitrary and consequently to direct the respondents to release the stock of rice as well as the vehicle in favour of the petitioners and to pass such other order or orders.

2. Learned counsel for the petitioners submitted that on an earlier occasion, i.e., on 15.04.2025, the quantity of 7501.20 quintals of rice was seized from petitioner No.1 and orders under Section 6-A of the Essential Commodities of the Act, 1955 were passed. Learned counsel for the petitioners submitted that against the said order, petitioner No.1 preferred Criminal Appeal No.15 of 2024 before the Special Judge for Trial of Offences under SC’s/ST’s (POA) Act-cum- III Additional District and Sessions Judge, at Sangareddy, and the said Court passed orders to release stock of 750 Tons of rice subject to disposal of W.P.No.13956 of 2024. Subsequently, vide interim order dated 01.05.2025 in W.P.No.13956 of 2024, this Court had directed release of the seized stock on furnishing of immovable property security of third party. Thereafter, the stock was released on 11.07.2025 and 14.07.2025 as per the directions of the District Collector, Sangareddy, dated 05.07.2025. It is submitted that thereafter petitioner No.1 sold 380 quintals of rice through a bill and waybill and while transporting the same, respondents No.3 and 4 have stopped and seized the stock and the vehicle without examining the bill and waybill. Therefore, the petitioners have filed the present Writ Petition.

3. Learned Government Pleader for Civil Supplies, appearing for respondents No.1 to 3, has obtained written instructions, according to which proceedings under Section 6-A have been initiated against the petitioners and that the seized rice has been handed over to MLS Point, Toopran, for safe custody and the vehicle has also been handed over to Toopran Police Station, Medak District, for safe custody. It is stated that the proceedings under Section 6-A of the Essential Commodities Act, 1955, in respect of the seizure of stock and vehicle on 12.11.2025 are pending hearing on 29.11.2025 at 3:00 PM and the petitioners may make their submissions before the authority.

4. Having regard to the rival contentions and the material on record, this Court finds that the petitioners’ contention that the seized rice forms part of the earlier stock which was seized and released by the respondents needs verification.

5. Learned counsel for the petitioners submitted that there is no variation in the stock of rice in petitioner No.1 rice mill and that after release of the earlier stock, the same has been kept under its custody and was being transported to the purchaser when it was intercepted and seized again. He therefore seeks a direction to the respondents to verify the stock with the petitioner’s rice mill and release the seized stock of rice.

6. In view of the above, this Court directs the respondents to verify the stock in petitioner No.1 rice mill and if it is found that there is no variation in the stock and that the contention of petitioner No.1 is correct and is acceptable, to release the seized stock without insisting on any further security.

7. With regard to the release of vehicle, the respondents are directed to release the vehicle bearing No. TS 05 UA 6868 subject to petitioner No.2 furnishing a bank guarantee by way of a fixed deposit for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of respondent No.2 and also furnishing of an undertaking that he will not alienate the subject vehicle or alter its nature or create any encumbrance on it. The release of the vehicle shall be subject to the outcome of