Disposed

Akkenpally Ravindher v. The State of Telangana and 4 others

Telangana HC8 Apr 2021WP/8962/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the seizure of pDS rice and a vehicle. It ordered the release of both items subject to the petitioner furnishing bank guarantees and compliance with procedural conditions, balancing individual rights with public interest.

What did the court decide?

Release of seized vehicle and pDS rice, subject to the petitioner furnishing bank guarantees for vehicle and rice value, undertaking against alienation, and expedited finalization of proceedings under

Akkenpally Ravindher Vs The State of… — Pension and Retirement Benefits | 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 EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

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WRIT PETITION NO: 8962 OF 2021

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Between:

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Akkenpally Ravindher, S/o. Nagaiah, Age 45 vears.' occ. Business, R/o.H.No. 1-84, Thirumalapur @ Thirumalapuram Villa!e, Gollapalli. Mandal.^Jagtial District, T.S.

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...WRIT PETITIONERYACCUSED^NO.2

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AND

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1 The State of Telangana,^{Rep. by its Principal Secretary,CivilSupplies} Department, Secretariat,^Hyderabad

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The Joint Collector^{(Civil Supplies), Rajanna Sircilla DistrictT'S'}

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J The District Civil^{Supplies Officer, Ralanna Sircilla DistrictT S}

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4 TheH.CNo.lg5ofPolice,PoliceStationSircilla'RajannaSircillaDistrict'TS' The Station^{House officer, Police stationSircilla, Rajanna Sircilla District' T S}

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...RESPONDENTS

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Petition under^{Article 226 of the Constitution of lndia prayingthat in the} circumstances^{stated in tn"""trio"r,t fitea tnerewitn,.the High cgurt m.aybu-.pE:t"d} to issue a^{writ, order} "..^{l;;"i;;';Jreparticutarty} No^one-in 4 and^{5 in the seizer nature of 200 of wtit riceof} Mandamus,^{declare tn"} '"iol"Jii't"'n"tpono"nt poS-rice) weighino about^{1oo Qts PDS Rice} baos^{(each bag contains 15 itJt} "t alono with the^vehicte "t^{Jlr*1"vr.'b";ri;;'N"ip-o"s-rc-tae1,of the Petitioner} vide FtR^{No. 74 of 2o2i';;"t;i"'iioiiizl,of PS Sircilla of RaiannaSircilla} District,T.S.,^{under Section +iii} "i^{ipCitd Section 7-A of Essential commodities} Act,isasillegal,arbitrary''i...p'"p"..anOwithoutjurisdictionandinviolationofArticle14 and19^{(1) (g) of ,n""'8o"'i'"t'"]i'o"n'i'oj rhoiu-and consequentlvdirect the} Resoondent^{No. 5 to *1";";"";;;""t"iJ Vehicleoi Eitr'"tVan bearing No AP-} iisiC-ia8i^{in favor of the Petitioner herein}

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lA NOi 10^{F 2021}

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Petition^unde r suooort Section of^{151 CPC the petition. praying ,n"'ff that igl- iorrt in the *rV circumstances be pleased stated to directin} the affidavit^{f iled in} (R_.5) to release tne^{vehicte bJrii.g N". Etner Van bearing No'} the AP-OS-TC-1881, S.H.O.^Sircilla'of ihu Sircilla P"tition"l.^{District.T vide FIR S in tavour r'r" i+ ii} "i'z6zi-dated^{itr-e-petitioner herein' during} 19-02-2021'^{of thePS} Sircilla^{of Rajanna-} PendencY^{of thisW} rit Petition.

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Counsel^{for the Petitioner:SRl'MR BOGGULA RAJU}

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Counsel^{for the Respondent Nos' 1 to 3: GP FORCIVIL SUPPLIES}

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Counsel^{for the Respondent Nos' 4 & 5: GPFOR HOME}

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The Court^{at the admissionstagemadethe following:}

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THE HON'BLE SRI JUSTICE T. VINOD^KUMAR ltrIrit Petition No.8962 of 2O2L

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ORDER:

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Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies.

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With the consent of both the parties, the writ petition is disposed of at the admission stage.

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Aggrieved by the action of respondent Nos.4 & 5 in seizing the 100 quintals of pDS rice belonging to the petitioner along with vehicle bearing No. Ap_OS_TC_1gg1 in connection with Crime No.74 of 2O2l of Sircilla police Station, on the ground that the vehicle \ ras used for illegal transportation of pDS rice, the present u,rit petition is filed.

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It is fairly submitted by learned counsel for petitioner and learned Government pleader for Civil Supplies, enquiry under Section 6-4. 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 rice and lorry were seized on the ground that the petitioner purchased pDS rice from the gullible people and fansporting to some other place for selling at higher rate and thereby cheating the people and the Government, therefore, liable for penal action.

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Enquiry under Section 6-4 of the Act and investigation/ prosecution into the crime registered against petitioners may take considerable time. Meanwhile, as the vehicle is kept idle,

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in the open yard exposed to vagaries of nature, the road worthiness of the vehicle may be severely affected. At the same time, as the vehicle is^involved in a crime and^violated statutory regulations, it cannot be^{handedover to the owner} even before^proceedings are^{concluded.Such course may} bolster the offender to commit^{furtheroffences and is not in} public interest. In the circumstances'^{the Court has to} balance respective^{claims and take due note of public} interest. In the^{given facts, the Court is inclined to opt a} middle^path.

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7 . In vie',,r' of the^{same and having regard to the factsand} circumstancesofthecase,andthelawtaiddownbytheApex CourtinSunderbhaiAmbatalDesaiu.StateofGujaratl' without expressing^{any opinion on merits, the writ petitionis} disposed of directing^{the respondents concerned' as the case} may be, to release^{the vehicle, subject to following conditions:} (a) The respondents^{concernedare directed to finalize} proceedings under^{Section 6-A of the Act expeditiously'} preferably within^{a period of eight weeksfrom the date} of receipt of^{copy of this order' However' pending} fina]izationofsection6-Aproceedings,asriceisa perishable^{item, respondentsconcerned, as the case} may be,^{are directed to releasethe stock of rice seized} subject to^{the petitionerfurnishingbank guarantee}

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1 (2002) 10 SCC 283

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equivalent to the value of quantity seized as quantilied by competent authority;

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(b) The respondents concerned, as the case may be, are directed to release the vehicle after obtaining the valuation certificate from the concerned M.V. Inspector, subject to the petitioner furnishing bank guarantee for an equal amount of the vehicle as valued by the concerned M.V. Inspector;

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(c) The petitioner shall furnish an undertaking in writing that he will not alienate or change the physical features of the vehicle along u'ith copy of the R.C. Book and driving licence of the driver;

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(d) The petitioner shall produce the vehicle whenever required;

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(e) The respondents concerned shall write to the RTA authorities not to entertain any application to transfer the vehicle in question on €rny third party,s narne without clearance from the Civil Supplies Department;

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(0 The release of the vehicle shall be subject to the orders to be passed in the enquiry under Section 6_A of the Act/prosecution of Crime No.74 of 2021 of Sircilla police Station.

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