THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.25942 of 2025

ORDER

This Writ Petition arises out of the proceedings dated

09.03.2025 wherein under a cover of panchanama, the vehicle i.e., Eicher DCM Van bearing No.TS 12 UD 5062 along with 120.00 quintals of rice of the petitioner has been seized and a case in Crime No.18 of 2025 on the file of the Peddavangara Police Station, Mahabubabad, under Section 318 (4) of Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955 has been registered. The petitioner is seeking interim release of the stock of rice and also the vehicle 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 3 and learned Government Pleader for Home appearing for 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 purchase, sale and milling of paddy and rice and as a part of the same, the petitioner was transporting 120.00 quintals of rice from Saroornagar, Hyderabad to Janwada Village near Bidar through proper bill and invoice. Learned counsel for the petitioner further submitted that when the same was being transported by vehicle bearing No.TS 12 UD 5062, the authorities intercepted the vehicle 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. Learned Government Pleader for Civil Supplies submitted that notice under Section 6-B of the Essential Commodities Act, 1955 has already been issued to the petitioner and the date of hearing is

04.09.2025.

5. 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 immovable property security in Telangana 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.

6. As regards release of the subject vehicle, the respondents are directed to release the vehicle i.e., Eicher DCM Van bearing No.TS 12 UD 5062 subject to the petitioner furnished 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. The petitioner is directed to cooperate with the authorities by appearing on the date of hearing of proceedings under Section 6-A of the Essential Commodities Act, 1955 and for early conclusion of the said proceedings.

7. 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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JUSTICE T. MADHAVI DEVI Date: 01.09.2025 NOTE: Issue C.C. by 02.09.2025 B/o. PRN