Courts may order the interim release of vehicles seized in connection with criminal cases or confiscation proceedings under the Essential Commodities Act, 1955, subject to protective conditions like bank guarantees and undertakings to prevent vehicle deterioration.

ORDER:

1. The present Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondents in seizing and continuing to retain the petitioner’s vehicle bearing Registration No. AP29TA2914, Ashok Leyland Goods Carriage (HMV), in connection with Crime No.123 of 2026 dated 15.05.2026 registered by Neradigonda Police Station, Adilabad District, for the offences under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955, as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India, and consequently seeking a direction for release of the said vehicle.

2. Heard learned counsel for the petitioner and Sri.G.Nagaraju, learned Assistant Government Pleader for Civil Supplies, appearing for the respondent Nos.1 to 4 and Sri.Sridhar Bhuvangiri, learned Assistant Government Pleader for Home appearing for respondent No.5.

I. Facts:

3. The case of the petitioner, as pleaded in the affidavit filed in support of the Writ Petition, is that he is the owner of the vehicle bearing Registration No. AP29TA2914, Ashok Leyland Goods Carriage (HMV), and earns his livelihood by engaging the said vehicle for transportation of goods.

4. It is stated that on 15.05.2026, while the petitioner’s vehicle was proceeding towards Neradigonda village carrying rice belonging to farmers for sale in the market, the officials intercepted the vehicle, seized the rice on the allegation that it was Public Distribution System (PDS) rice and also seized the subject vehicle. Consequent thereto, Crime No.123 of 2026 dated 15.05.2026 came to be registered for the offences under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955, wherein the driver of the vehicle has been shown as the accused.

5. According to the petitioner, notwithstanding his requests for release of the vehicle, the same continues to remain in the custody of the respondent authorities and is parked in the open premises of the police station. It is contended that prolonged exposure to weather conditions would result in deterioration of the vehicle and cause substantial financial loss to the petitioner.

II. SUBMISSIONS:

6. Learned counsel for the petitioner submits that the petitioner is presently seeking only release of the vehicle bearing Registration No.AP29TA2914, subject to the final outcome of any proceedings initiated or proposed to be initiated under the provisions of the Essential Commodities Act, 1955. Learned counsel would contend that continued retention of the vehicle serves no useful purpose and that the petitioner is prepared to abide by any reasonable conditions that may be imposed by this Court.

7. Learned counsel for the petitioner further submits that in similar circumstance this Court in W.P.No.7661 of 2026 dated 12.03.2026, passed the following order:-

“The Writ Petition is disposed of directing the respondents to release the petitioner’s vehicle i.e., Mahindra Bolero Goods vehicle bearing Registration No.TG15U1509, subject to the petitioner furnishing bank guarantee by wav of fixed deposit for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favor of respondent No.2 and also furnishing an undertaking that the petitioner 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 also directed to appear before the authorities and co-operate with the proceedings under Section 6-A of