WRIT PETITION No.10944 of 2025

ORDER

This Writ Petition arises out of the proceedings dated

01.04.2025 wherein under a cover of panchanama, 89.2 quintals of rice of the petitioner has been seized and a case in Crime No.50 of 2025 dated 01.04.2025 on the file of Gundala Police Station, Rachakonda, 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, learned Government Pleader for Civil Supplies appearing on behalf of respondents No.1 to 5 and learned Government Pleader for Home appearing on behalf of respondent No.6. Perused the material on record.

3. Learned counsel for the petitioner submitted that the petitioner is the owner of the rice, 3 weighing machines, 2 switching machines and one mobile phone. It is submitted that the rice 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 kept for sale 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.

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WRIT PETITION No.10944 of 2025