Disposed

Osannagari Munaswamy v. the State of Andhra Pradesh

Andhra Pradesh HC8 Dec 2021WP/28869/2021

Case brief

AI extract

What is this about?

In a writ petition challenging the order requiring deposit of Rs.4 lakh for vehicle release, the court directed respondents to release the public transport vehicle on furnishing immovable property security via a personal bond and producing valid documents, adhering to the Registration and Motor Vehicles Acts.

What did the court decide?

Directed to release the vehicle upon furnishing immovable property security via a personal bond and producing valid vehicle documents adhering to relevant Acts.

Osannagari Munaswamy Vs the State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE M. GANGA RAO WRIT PETITION No.28869 of 2021

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ORDER:

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This writ petition is filed questioning the endorsement dated 11.10.2021 whereby the 3^rd respondent passed orders on the note of the 2^nd respondent directing the petitioner/owner of the vehicle bearing registration No.AP 37 W 5045 to deposit an amount of Rs.4,00,000/- in favor of Collector (CS) Chittoor for release of subject vehicle pending finalization of 6-A proceedings as being illegal and arbitrary.

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Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents. With their consent, the Writ Petition is being disposed of at the admission stage.

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The case of the petitioner is that he is owner of the Goods Carriage vehicle bearing registration No.AP 37 W 5045 and the said vehicle is being used for transportation of goods. On 06.07.2021, 639 bags of rice which were being transported in the subject vehicle were seized by the Civil Supplies Deputy Tahsildar on the ground that PDS rice was transported illegally and registered a case in Crime No.475 of 2021 for the offences punishable under Section 420 of the Indian Penal Code, 1860 and Section 7 (1) of Essential Commodities Act, 1955 and the 3^rd respondent vide endorsement Roc.E4/167/2021 in pursuance of orders of the 2^nd respondent has ordered release of subject vehicle on deposit of an amount of Rs.4,00,000/- in favour of collector (CS) Chittoor. Aggrieved of the same, the Writ Petition is filed.

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Learned counsel for the petitioner submits that the petitioner’s vehicle is a public transport vehicle and it is nothing to do with the seizure in transporting PDS rice. He further submits that there is no

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restriction in transporting PDS rice and the same is deleted from the provisions of the Essential Commodities Act. For release of the vehicle, it is directed to deposit a sum of Rs.4,00,000/- by the owner of the vehicle. He further submits that petitioner was used the vehicle on hire basis regularly and petitioner is ready and willing to furnish third party surety/collateral security/personal bond and will abide by the conditions that would be imposed while releasing the vehicle.

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Learned Assistant Government Pleader for Civil Supplies submits that the vehicle seized was transporting PDS rice. The 3^rd respondent passed order directing the petitioner to deposit Rs.4,00,000/- for release of the vehicle and rice which are liable for confiscation under the provisions of 6-A of the Essential Commodities Act.

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While considering the facts and circumstances, this Court on the ground that petitioner’s vehicle is public transport vehicle and the rice is being transported on hire basis. If the vehicle is not released pending the proceedings, there will be damages due to nature and the confiscation of seized rice and vehicle after conducting enquiry as contemplated under Section 6-A of the Essential Commodities Act. The rice is seized on the ground that PDS rice is being transported in the vehicle. There is remote chance of confiscating the vehicle.

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Having regard to the facts and circumstances of the case, submissions of the learned counsel and on perusal of the material record, this Court, in the interests of justice, felt it appropriate to dispose of the writ petition directing the respondents 2 to 4 to get the subject vehicle valued by the concerned Motor Vehicle Inspector in the presence of the petitioner after serving notice on him and the petitioner is directed to furnish immovable property security/third party immovable property security by executing a personal bond in favour of

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the appropriate authority strictly adhering to the provisions of Registration Act and Stamp Act for the value fixed by the Motor Vehicle Inspector and, on production of such immovable property as security and valid vehicle documents required under the provisions of Motor Vehicles Act, the respondents are directed to release the vehicle of the petitioner bearing No.AP 37 W 5045 to the petitioner towards interim custody. The petitioner shall give proof of ownership of the vehicle and an undertaking that he will not alienate, alter its nature or create any encumbrance over the same, pending proceedings under Section 6-A of the E.C Act.

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With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed.

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_______________ M. GANGA RAO, J

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Dated 08.12.2021 KA

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HON’BLE SRI JUSTICE M. GANGA RAO

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WRIT PETITION No.29194 of 2021

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10.12.2021

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Vjl

Osannagari Munaswamy v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Osannagari Munaswamy v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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