THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.24525 of 2025

ORDER

This Writ Petition arises out of the proceedings dated 06.08.2025 wherein under a cover of panchanama, 297.00 quintals of rice of the petitioner has been seized and a case in Crime No.704 of 2025 on the file of Patancheru Police Station, Sangareddy has been registered. The petitioner is seeking interim release of the stock of rice subject to confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955 issued by the authorities.

2. Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies appearing on behalf of respondents No.1 to 3 and learned Government Pleader for Home appearing on behalf of respondent No.4. Perused the material on record.

3. Learned counsel for the petitioner submitted that the petitioner is a trader dealing with business of purchasing, supplying and selling of rice to the retailer and as a part of the same, the petitioner sold 297.00 quintals of rice to Shree Vijay Rice Mill situated in Gujarat State through Tax Invoice dated 05.08.2025. Learned counsel for the petitioner further submitted that when the same was being transported to Gujarat by lorry bearing No. GJ 18 BW 4361, the authorities intercepted the lorry and seized the stock of rice. It is submitted that the subject rice under transportation is not PDS rice and under a misconception that it is PDS rice, the same has been seized by the authorities.

4. Having regard to the fact that the rice which was under transportation was seized by the authorities and the proceedings under Section 6- A of the Essential Commodities Act, 1955 have already been initiated against the petitioner and the said proceedings are likely to take some time for conclusion and the rice is likely to get damaged because of such time lapse, this Court is inclined to grant interim custody of the rice which was seized by the authorities on terms. The respondents are directed to release the stock of rice which was seized by the authorities subject to the condition of the petitioner furnishing third party security equal to the value of the stock of rice which has been seized by the authorities, to respondent No.2. The release of the stock of rice shall be subject to the outcome of the confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955 which have been initiated against the petitioner.

5. The Writ Petition is accordingly disposed of. No order as to costs.

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

____________________________ JUSTICE T. MADHAVI DEVI Date: 21.08.2025 Note:

Issue CC by 22.08.2025 (B/o) dv