Allowed

Bille Ramesh, v. The State of Andhra Pradesh

Andhra Pradesh HC10 Dec 2021WP/29194/2021

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging an order requiring a bank guarantee for the release of a seized vehicle used for transporting PDS rice. The court directed the respondents to get the vehicle valued by a Motor Vehicle Inspector and allowed the petitioner to furnish immovable property security instead of a bank guarantee for interim release.

What did the court decide?

The respondents were directed to allow interim release of the vehicle upon furnishing immovable property security or third party security by executing a personal bond after valuation by the Motor Vehi

Bille Ramesh, Vs The State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2021)

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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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ORDER:

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The order dated 11.10.2021 passed by the 3^rd respondent directing the petitioner to produce bank guarantee for Rs.1,50,000/from any nationalized bank, for release of seized vehicle, pending finalization of 6-A proceedings is questioned in the writ petition as being illegal and arbitrary.

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Heard learned counsel appearing for the petitioner and learned Assistant Government Pleaders for Civil Supplies and Home 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 the owner of the Eicher Goods Carriage Vehicle bearing No.AP 02 TB 6011. The vehicle is being used for transportation of goods. On 18.08.2021, the vehicle was intercepted by the 5^th respondent and alleging that PDS rice is being illegally transported in the vehicle the vehicle and 169 bags of rice were seized under cover of panchanama. Thereafter, proceedings under Section 6-A of the Essential Commodities Act, 1955, were initiated and the 3^rd respondent by the impugned orders directed the petitioner to produce bank guarantee for Rs.1,50,000/- for release of the subject vehicle. Aggrieved of the same, the Writ Petition is filed.

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Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle and he is not aware whether the rice bags loaded in the vehicle are PDS rice or not. Petitioner is no way concerned with the rice. Petitioner’s family depends on the income derived from transportation of the vehicle for their livelihood. It is very difficult for the petitioner to obtain bank guarantee for Rs.1,50,000/-.

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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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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 5 to get the 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 the appropriate authority strictly adhering to the provisions of Registration Act and Stamp Act as per 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 02 TB 6011 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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10.12.2021 Vjl

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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

Bille Ramesh, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Bille Ramesh, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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