The court set aside an order that released seized rice subject to confiscation conditions and imposed a penalty. The order relied on a prior similar judgment finding that the rice was not PDS rice but purchased at auction.
The order dated 30.08.2022 directing release subject to confiscation condition is set aside; Crime No.203 of 2022 is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
CRIMINAL PETITION No.8469 of 2022
ORDER:
The rice being transported by the petitioners was seized under the control orders issued under the Essential Commodities Act, 1955 on the ground that the rice being transported by the petitioners was PDS rice and the same has been diverted for selling in the black market at higher rates. Thereafter, the petitioner has produced the necessary documents and connected records to show that the rice which was been transported was not PDS rice and that the said rice had actually been purchased in an auction by the petitioner.
Magistrate, West Godavari District, by proceedings in Roc. No.CS/ECA-47/2022, dated 30.08.2022, while accepted the said documentation and contention of the petitioners had directed the release of the seized stock of rice subject to the condition of confiscation of the 7% of the seized stock of rice and imposition of a penalty of Rs.10,000/- on the ground that there was negligence on the part of the petitioners in producing the necessary documents when the vehicle was stopped.
2
approached this Court by way of the present Criminal petition.
Miscellaneous petitions, pending if any, in this Criminal Petition shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J
15.11.2022 BSM
3
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
CRIMINAL PETITION No.8469 of 2022
15.11.2022
BSM
2 issues framed by the court
Whether the impugned order directing release of seized rice subject to confiscation condition is sustainable.
Whether the grounds for seizure were properly established given the petitioner's proof of auction purchase.
1 provisions across 1 enactments
Petitioners
Joint Collector and Additional District Magistrate, West Godavari District
R. Raghunandan Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
