THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.6866 OF 2025

ORDER:

The Writ Petition arises out of the proceedings dt.21.12.2024, wherein under a cover of panchanama, Goods Carriage DCM bearing No.TS 32 T 4087 has been seized along with 18,375 paddy bags of the petitioner and a case in Crime No.300 of 2024 dated 21.12.2024 on the file of the Kothakota Police Station, Wanaparthy, has been registered. The petitioner is seeking interim release of the stock and also the vehicles subject to confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955 issued by the authorities.

2. Learned counsel for the petitioner submitted that the petitioner is doing business by milling the paddy into rice and selling the same in the open market. Learned counsel for the petitioner further submitted that the subject paddy under transportation is not the government paddy and under a misconception that it is the government paddy, the same has been seized by the authorities.

3. Heard learned Government Pleader for Civil Supplies, appearing for respondents No.1 and 2, learned Government Pleader for Home, appearing for respondent No.3 and learned Government Pleader for Revenue, appearing for respondent No.4.

4. Having regard to the fact that the paddy 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 paddy is likely to get damaged because of such time lapse, this Court is inclined to grant interim custody of the paddy which was seized by the authorities on terms. The respondents are directed to release the stock of paddy which was seized by the authorities subject to the condition of petitioner furnishing third party security equal to the value of the stock of paddy which has been seized by the authorities, to respondent No.2. The release of the stock of paddy 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 petitioner. As regards release of the subject vehicle, the respondents are directed to release the vehicle i.e., Goods Carriage DCM bearing No.TS 32 T 4087 subject to the petitioner furnishing bank guarantee by way of fixed deposit for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of respondent No.2 and also furnishing 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 the confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955.

5. This Writ Petition is accordingly disposed of. There shall be no order as to costs.

6. Pending miscellaneous petitions, if any, in the Writ Petition shall stand closed.

___________________________ JUSTICE T. MADHAVI DEVI Date: 08.04.2025 PRN THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.6866 OF 2025 Date: 08.04.2025 PRN