THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.10306 of 2025

ORDER

This Writ Petition arises out of the proceedings dated

25.03.2025 wherein under a cover of panchanama, the vehicle i.e., DCM Eicher Pro bearing No. TG 12 T 4036 of the petitioner has been seized and a case in Crime No.49 of 2025 dated 25.03.2025 on the file of the Nalgonda Rural Police Station, Nalgonda District, has been registered. The petitioner is seeking interim release of the vehicle subject to confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955, (for short ‘the Act’) issued by the authorities. 2. Heard learned counsel for the petitioner, learned Government Pleader for Civil Supplies appearing for respondents No.1 to 4 and learned Government Pleader for Home appearing for respondent No.5 and perused the entire material on record.

3. Learned counsel for the petitioner submitted that the vehicle seized under the cover of panchanama dated 25.03.2025 by respondent No.5 in connection with Crime No.49 of 2025 dated 25.03.2025 on the file of the Nalgonda Rural Police Station, Nalgonda District, under Section 318(4) of Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955.

4. Learned Government Pleader for Civil Supplies submitted that the proceedings under Section 6-A of the 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 Act and the same are pending, this Writ Petition is disposed of directing the respondents to release 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. There shall be no order as to costs. 6. Miscellaneous applications, if any, pending in this writ petition, shall stand closed.

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JUSTICE T. MADHAVI DEVI Date: 07.04.2025 NOTE: Issue C. C. by 08.04.2025 B/o. PRN