Sri Siva Manikantha General Stores v. The State of A.P.

Sri Siva Manikantha General Stores, Venkayya, Godduvanipalem, Pedagavartyada, Visakhapatnam. S/o. Veerapuneni Chennayya Rep. by its Proprietor Veerapuneni R/o.17-1-7 , Aged 40 years, AND

#1. The State of A.P. Rep. by its Secretariat, Velagapudi, Amaravati. PrI. Secretary, Home Department ...PETITIONER

#2. The Commissioner of Police, Visakhapatnam 3. The Commissioner Assistant Police, Visakhapatnam city.

#4. The Station House Officer, Gajuwaka Police city. city, Visakhapatnam. South sub-Division, Station, Visakhapatnam

#5. The Food Safety Officer, Division-I, Office of Assistant Food Controller, Beside Govt. ENT Hospital, Peda Waltair. Visakhapatnam.

#6. The Commissioner of Food Safety, Government of A.P., Gollapudi, Vijayawada. ...RESPONDENTS Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith of India praying that in the ), the High Court may be pleased to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the seizure of tobacco products and machinery seized by the 4"’ respondent on 2-12-2020 from the premises bearing No. Plot No.FS, D-Block, Autonagar, Gajuwaka, Visakhapatnam City under a mediator report and the handing over of the same to the S'" respondents arbitrary and in violation of Article 19 & 21 of The Constitution consequently direct the respondents 4 and 5 products and machinery to the petitioner. to release the said tobacco of India and as illegal, lA NO: 1 OF 9C\9(\ Petition under Section 151 CPC in the affidavit filed in praying that in the circumstances stated support of the petition, the High Court may be pleased to return/hand over the tobacco products and was handed over to him by the 4 direct the 5*^ respondent to machinery to the petitioner which respondent on 02-12-2020 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI RAJA REDDY Counsel for the Respondent Nos.1 KONETI to 4: GP FOR HOME Counsel for the Respondent Nos.5 & 6: GP FOR MEDICAL, HEALTH & The Court made the following order: FAMILY WELFARE 1 APHC010385972020 0^ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY. THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25777/2026 Between: 1.SRI SIVA MANIKANTHA SIVA REP. BY ITS ’ PROPRIETOR MANIKANTHA GENERAL STORES, VEERAPUNENI VENKAYYA, S/0. VEERAPUNENI CHENNAYYA, AGED GODDUVANIPALEm’ PEDAGAVARTYADA, VISAKHAPATNAM. R/0.17-1-7, GENERAL STORES YEARS SRI 40 ...PETITIONER AND 1.STATE OF AP. THE STATE OF A.P. REP. BY ITS PRI. SECRETARY HOME DEPARTMENT, SECRETARIAT. VELAGAPUDI, AMARAVATI

2.THE COMMISSIONER OF POLICE VISAKHAPATNAM CITY. VISAKHAPATNAM.

3.THE ASSISTANT COMMISSIONER OF POLICE DIVISION, VISAKHAPATNAM CITY. SOUTH SUB

4.THE STATION HOUSE OFFICER. GAJUWAKA POLICE VISAKHAPATNAM CITY. STATION.

5.THE FOOD SAFETY OFFICER, DIVISION-1, OFFICE OF ASSISTANT ENT HOSPITAL. PEDA FOOD CONTROLLER, BESIDE GOVT WALTAIR, VISAKHAPATNAM.

6.THE COMMISSIONER OF FOOD SAFETY, GOVERNMENT OF A P GOLLAPUDI. VIJAYAWADA. ‘ ’ ...RESPONDENT(S): Counsel for the Petitioner: 1.RAJA REDDY KONETI Counsel for the Respondent(S):

1.GP FOR HOME 2.GP FOR MEDICAL HEALTH FW(AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; 2 “....a writ or direction more particularly one in the nature of writ of mandamus declaring the seizure of tobacco products and machinery seized by the 4th respondent on 2.12.2020 from the premises bearing No Plot.No.F5 DBIock Autonagar Gajuwaka Visakhapatnam City under a mediator report and the handing over of the same to the 5th respondents as illegal arbitrary and In violation of Article 19 and 21 of The Constitution of India and consequently direct the respondents 4 and 5 to release the said tobacco products and machinery to the petitioner”

#2. Heard Sri Raja Reddy Koneti, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home.

#3. Learned counsel for the petitioner brought to the notice of this Court that in the light of the decision of the Hon’ble Division Bench of this Court dated

24.03.2023 in W.P.No.30185 of 2021 and batch, there is a clear direction to the police to release seized products forthwith. Even then, the vehicle and others materials which were seized by the police are not yet returned.

#4. Learned Assistant Government Pleader for Home would submit that appropriate direction may be given to the police to follow the directions issued by the Hon’ble Division Bench of this Court.

#5. For ready reference, the paragraph No.37 of the common order dated

24.03.2023 in W.P.No.30185 of 2021 & batch passed by the Hon’ble Division Bench of this Court is extracted hereunder: “37. The seizure of Tobacco products by the respondents under the impugned notifications or under the FSSA, 2006/ the FSSA Regulations, 2011, is also held to be bad in law. All the seized products are directed to be released forthwith. No further coercive action can also be taken under the provisions of against the the FSSA, 2006/ the FSSA Regulations, 2011 licensed businesses.” 3

#6. In the light of the directions issued by the Hon’ble Division Bench of this Court, the police are directed to release the materials which were seized forthwith, but not later than ten (10) days from the date of receipt of a copy of this order.

#7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. / '.'i To, //TRUE COPY// V SECTlciN

#1. The PrI. Secretary, Home Department State of A.P., Secretariat Velagd|5Udi, Amaravati, Guntur.

#2. The Commissioner of Police, Visakhapatnam city, Visakhapatnam. 3. The Commissioner Assistant Police, South sub-Division, Visakhapatnam City.

#4. The Station House Officer, Gajuwaka Police Station, Visakhapatnam City.

#5. The Food Safety Officer, Division-1, Office of Assistant Food Controller, Beside Govt. ENT Hospital, Peda Waltair, Visakhapatnam.

#6. The Commissioner of Food Safety, Government of A.P., Gollapudi, Vijayawada.

#7. One CC to Sri Raja Reddy Koneti, Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra 9. Two CCs to GP for Medical, Health and Family Welfare, Pradesh [OUT] High Court of Andhra Pradesh [OUT]

#10. Two CD Copies. HIGH COURT DATED: 13/08/2025 f ORDER WP No.25777 OF 2020 DISPOSING OF THE W.P. WITHOUT COSTS