Disposed

M/S Sai Traders v. The State of Andhra Pradesh

Andhra Pradesh HC16 Feb 2022WP/3977/2022

Case brief

AI extract

What is this about?

The High Court modified the impugned order imposing a condition to furnish a Rs.8,00,000/- bank guarantee for releasing seized rice stock. The court permitted the petitioner to furnish a Rs.2,00,000/- bank guarantee along with third-party immovable property security for the balance.

What did the court decide?

Petitioner permitted to furnish bank guarantee of Rs.2,00,000/- and third party immovable property security for balance to release seized stock.

M/S Sai Traders Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2022)

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THE HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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WRIT PETITION No.3977 of 2022

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ORDER :

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The Writ Petition is filed challenging the Memo dated 04.02.2022 issued by the Collector (CS), Krishna District, directing to release the seized stock of 441.10 Quintals of rice on petitioner producing a bank guarantee for a sum of Rs.8,00,000/-

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The petitioner is running business under the name and style of Sai Traders in Timmapuram Village, Yedlapadu Mandal, Guntur District. He has taken a rice mill on lease. While he was transporting 225 quintals of raw rice from the leased mill premises i.e., from Repalle to Kakinada, through a Lorry bearing No.AP-05-TA-0144 under E-Way bill and 225 quintals of raw rice through a Lorry bearing No.AP-16-TX4139 under E-way bill respectively, the Deputy Tahsildar, Machilipatnam, seized the subject rice on 28.11.2021 and a Crime No.505 of 2021 was registered on the file of the Bandar Taluq Police Station, Machilipatnam, for the offences punishable under Section 420 of IPC and Section 7-A of the Essential Commodities Act, 1955.

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The petitioner filed a representation dated 14.12.2021 before the 2^nd respondent requesting to grant interim custody of the seized raw rice. As no orders were passed, he filed W.P.No.855 of 2022 and the said Writ Petition was disposed of on 17.01.2022, directing the respondents therein to pass

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appropriate orders on the representation, pursuant to which, the 2^nd respondent issued the impugned Memo dated 04.02.2022, imposing a condition to furnish Bank Guarantee for a sum of Rs.8,00,000/- for release of seized stock. Seeking modification of the said condition, present Writ Petition is filed.

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Learned counsel for the petitioner submits that in similar facts and circumstances in W.P.Nos.8611 of 2020 and 312 of 2020, similar orders are modified directing the petitioners therein to furnish Bank guarantee for certain amount and third party immovable property security for the remaining amount.

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Learned Assistant Government Pleader does not dispute the same.

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As seen from the Memo dated 04.02,2022, the petitioner was asked to furnish Bank guarantee for an amount of Rs.8,00,000/- for the release of seized stock.

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In the light of the order passed by this Court, the said condition imposed through Memo dated 04.02.2022 is modified and the petitioner is permitted to furnish Bank guarantee for an amount of Rs.2,00,000/- and for the balance amount, he is directed to furnish third party immovable property security. On fulfilling such conditions, the respondents are directed to release the seized stock of 441.10 Quintals of rice as an interim measure. It is made clear that the order that is passed now is subject to the further order

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that would be passed in the enquiry that will be conducted under Section 6-A of the Essential Commodities Act.

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The Writ Petition is disposed of accordingly. No order as to costs.

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As a sequel thereto, the miscellaneous petitions,

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if any, pending in this Writ Petition shall stand closed.

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_________________________________ KONGARA VIJAYA LAKSHMI, J

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Date: 16.02.2022

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(Issue cc forthwith) B/O Ks

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THE HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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WRIT PETITION No.3977 of 2022

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Date: 16.02.2022

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M/S Sai Traders v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/S Sai Traders 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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