The High Court granted an interim release of seized PDS rice and a lorry involved in Vigilance enforcement proceedings, conditioned on the petitioners furnishing specific bank guarantees to secure the State's interests.
Release of seized stock and lorry on furnishing bank guarantees for Rs. 1,75,000 and Rs. 3,00,000 respectively within fifteen days.
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HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO
WRIT PETITION No. 18809 of 2015
DATED 1st July, 2015
BETWEEN
Sri P. Ashok and anr
…Petitioners And
The State of Telangana, Rep. by its commissioner of Civil Supplies Department and Ex-Officio Secretary, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO
WRIT PETITION No. 18809 of 2015
ORDER:
Heard learned Counsel for the petitioners and learned Government Pleader for the respondents.
The first petitioner is the owner of the rice and the second petitioner is the owner of the lorry bearing registration No. AP 24 TA 2389. The rice was seized when the Vigilance and Enforcement officials intercepted the said lorry on 16.6.2015 at keesara village while transporting the suspected PDS rice of 175 quintals. 6-A proceedings were initiated against the first petitioner. The present Writ Petition is filed seeking release of the seized stock as well as the said lorry.
The learned Government Pleader on the basis of the written instructions submits that the seized stock is of the value of Rs.1,75,000/- and the lorry is of the value of Rs.4,00,000/- as it is the model of 2011 year. He further submits that 6-A enquiry is pending before the second respondent.
In the circumstances, the second respondent is directed to release the seized stock on condition of the first petitioner furnishing bank guarantee for a sum of Rs.1,75,000/- and lorry bearing registration No. AP 24 TA 2389 be released on condition of the second petitioner furnishing bank guarantee for a sum of Rs.3,00,000/-. The petitioners shall furnish the respective bank guarantees as directed supra within fifteen days from the date of receipt of a coy of this order. It is made clear that the second petitioner shall not alienate the lorry and the same shall be produced in the 6-A proceedings as and when directed by the second respondent.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any shall stand closed in consequence. No order as to costs.
--------------------------------------------------JUSTICE A.RAMALINGESWARA RAO
Dated 1st July, 2015. Msnrx
1 issue framed by the court
Whether the seized PDS rice and lorry should be released by the respondent authority.
1 provisions across 1 enactments
P. Ashok
P. Ashok and another
State of Telangana
Commissioner of Civil Supplies Department, Hyderabad
Second respondent
Ex-Officio Secretary, Hyderabad
A. Ramalingeswara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
