Dismissed

Vishnu Boda v. The State of Telangana and 2 others

Telangana HC3 Jun 2021WP/12673/2021

Case brief

AI extract

What is this about?

Writ petition challenging seizure of vehicle used in alleged PDS rice cheating and fraud. Court ordered release of vehicle after MV inspector valuation and bank guarantee, directed expedite enquiry under Essential Commodities Act Section 6-A within eight weeks, subject to pending proceedings outcome.

What did the court decide?

Direction to release vehicle after MV valuation and bank guarantee, pending finalization of Section 6-A enquiry within eight weeks.

Vishnu Boda Vs The State of Telangana and 2 others — Writ and Judicial Review | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE THIRD DAY OF JUNE

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TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

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wRrT PET|T|ON NO. 1267s OF 2021

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Between:

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Vishnu Boda, S/o. Hukya, Aged 40 years, occ Business, Rl/o. H.No. Barukun Thanda Parvagiri, Maha bubabad District. ,..PETITIONER AND 1 The State of Telangana, through Principal Secretary (Civil Supplies), Secretariat, Hyderabad.

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2 The District Civil Supplies Officer, Mahabubabad District. 3 The Station House Officer, PS Seerole, Mahabubabad District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction or writ, in the nature of Mandamus duly declaring the action of 3rd respondent in seizing the vehicle viz., AP 20 18 2799, in respect FIR No. 106 of 2020 dated 16.12.2020, registered under Sections 420 of lndian Penal Code and Sections 7 and 8 of Essential Commodities Act as illegal, arbitrary and against the principles of natural justice and consequently direct the 3rd respondent to release the said vehicle forthwith in the interest of justice.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to release the vehicle viz., AP 20 fB 2795, in respect FIR No. 106 of 2O2O daied 16.12.2020, registered under Sections 420 of lndian Penal Code and Sections 7 and B of Essential Commodities Act forthwith in the interest of justice.

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Counsel for the Petitioner: SRI P. RAMA SHARANA SHARMA

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Counsel for the Respondent Nos. 1 & 2: GP FOR CIVIL SUPPLIES

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Counsel for the Respondent No.3: GP FOR HOME

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE^{T.AMARNATH GOUD}

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WRIT PETITION^{No.1267 3 0F 2021}

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ORDER:

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With the consent of^{learnedcounsel for the petitioner and} learned Government^{Pleacler for CivilSupplies, the writ petitionis} disposed of at the^{admissionstage.}

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). Aggrieved b1' the^{action ol' the 3r{r respondentinseizing} ElCIItrRDCMbcaringNo.AP20.lB27ggglg3virieFlRNo.lotlof 2020 on thc ground^{that the vehicle u asused forillegal} trirnsportatioll^{oI PDS ricc, thc prcscnt u rit pctitron is filcd}

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.l,Aslrrir)1'subnrittcclbrlcarnedCot-tnscllbr-petititlttt'rltllcl lcarncd Government^{Plcader,enquirl ullder Section 6 A of the} Essential Commodities^{Act,1955 (for short 'the Act') and} prosecution in the crime^{is yet to commence'}

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It appears that^{the vehiclewas seized on the ground that} petitioner purchased^{PDS rice from the white card holders for} selling on higher rate^{and thereby cheating the peopleand the} government, therefore,^{liable for penal action'}

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ztnd 5. Ertquirv unclcr^{Sectiol'r 6-A of the Act} in<sup>('sttgiltioll /^{proseclttiollinto tllc crimc rcgistercd agtrirlsttl're} peLrliotlcr tll:rv^{lltkc cttt.tsiclerit blc timt' Mtitlls ilile irs the l'L'l'titllt'is} kept trl the^{oper-r t'arcl exposccl to sun atlcl otht'r u't';tlheI'condititlns} ancl kept idle,^{roacl u'orthincssof the vehiclema1' be sevcrelr'} affected. At^{the sametime, as the vehicle rs involvedin a crime} and violatecl^{statlftoryregulations, it can not be handed over to thc} ,,

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owner even before^{proceedingsare concluded. Such course mav} bolster the offender to commit further^{offencesand is not in public} interest. In the circumstances,^{the Courthas to balancerespective} claims and take due^{note of public interest. In the given facts,} Court is inclined to opt a^{middle path'}

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In view of the same and^{having regardto the factsand} circumstances of the^{case,without expressingany opinion on} merits, the u,rit^petition is^{disposed of directingthe respondents} concerned, as the case may^{be, to release the vehicleafter} obtaining the valuation certificate^{from thc concernedMV} Inspector in issue, subject to^{followingconditions:}

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(a) Respondents concerned are directed to^{finalize proceedings} undcr Section 6-A of the Act^{expeditiously, preferably within a} period of eight weeks from the date^{of receiptof copy of this order'} Hou,ever, pending finalization of^{Section6-4 proceedings, the} respondents concerned are directed to^{releasethe vehicleafter} cbtaining the valuation certificate^{from the concernedMV} Inspector subject to the^{petitioner shall furnish bankguaranteefor} an amount valued by the^{concerned MV Inspector for the equal} sum;

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(c) he shall furnish an undertaking in writing^{thathe will not} alienate or change the^{physical features of the vehicle;}

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(d) hc shall produce thc vehicle r'"'henever required;

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(e) he shall furnish the copies of R.C. Book of the^vehicleand driving licence of the driver;

(f) the respondents concerned^{shail write to the RTA authorities} not to entertain any application^{to transfer the vehicle in question} on any third party's name^{withoutclearancefrom the Civil} Supplies Department;

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(g) the release of the^{vehicleshall be subjectto the orders to be}

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passed in the enquiry^{underSection6-4. of the Act/ prosecution '}

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Pending misccllaneous^{petitions, if any, shall stand closed}

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SD/. K.ONESIM ASSISTANT BqGISTRAR ,TRUE COPY' SEcTIEil%FFIcER

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To, 1. The Principal secretary^{(civil supplies), State of Telangana,Secretariat,} Hvderabad.

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The District Civil^{Supplies Officer, tvahabubabadDistrict.} 5. The Station House Officer,^{PS Seerole, Mahabubabad District'} +. One CC to Sri P.^{Rama Sharana Sharma, Advocate} tOPUql d. i;;^-Cbi to Gp^{for Civil Supplies,High Court for the Stateof Telanganaat} Hyderabad. [OUT]

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O. i,ivo CtJioEF i6r^{nome, High Court for the State of Telanganaat Hyderabad.} touTl 7. Two CD Copies.

HIGH COURT

DATED:3/0612021

ORDER

WP.No.12673 ot 202'l

l-te S 1'AIC:
g
co 1 4 JUN m21 z

Df | ..) . I C

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DISPOSING OF THE WRIT^PETITION WITHOUT COSTS

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Vishnu Boda v. The State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

Vishnu Boda v. The State of Telangana and 2 others

Case brief

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What did the court decide?

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