✦ High Court of India · 30 Jan 2025

High Court · 2025

Case Details High Court of India · 30 Jan 2025
Court
High Court of India
Decided
30 Jan 2025
Length
1,024 words

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Mandamus,declaringtheactionoftherespondentNo'4inseizingthevehicles Ashok Leyland Truck Goods Carrier Bearing No RJ 11 GC 743'l and Mahindra BoleroGoodsCarrierBearingNoTSosUJT66lofthepetitionersunderthe coverofseizurepanchanamadated06-01-2o2sbykeptthevehicleinthe custodyofthe4threspondentpolicestationinconnectionwithCrimeNo.08/2025 dated 06-0,1-2025 is illegal, arbitrary and against the principles of natural justice and also violation of Articles 19 (1) consequently direct the respondents No the petitioners. (g) of the Constitution of lndia and 2 to 4 to release the seized vehicles of t.A.NO: 10 F 2025 Petition Under liection 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents No 2 to 4 to rerease the seized vehicres of the petitioners Ashok Leyland rruck r3oods carrier Bearing No RJ 11 Gc r431 and Mabindra Borero Goods carrier Bearing No TS 0g uJ 7661 in connection with crime No. 0812025 dated 06-01-2025 0n the fire of the 4th respondent, pending disposar of the main writ petitio n. Counsel for the petitioners : M/s C.SUNITHA KUMARI Counsel for the Respondent Nos.1 to 3 : Gp FOR C|VIL SUPPLIES Counsel forthe Respondent Nos.1 to 3 : Gp FOR HOME The Court made the following ORDER THT HON'BLE SMT. JUSTTCE T' MADHAVI DEVI WRIT PETITIO N No.2 3I,2 o f20.25 ORDER: This writ Petition is filed to declare the seizure of the petitioners' vehicles i'e'' Ashok Leyland Truck Goods Carriage bearing No' RJ 11 GC 7431 atdMahindra Bolero Goods Carrier bearing No' TS 08 UJ 7661 under the cover dated O6-01'2025 1n connection with of panchanama Crime No.8 of 2025 of RGI AirPort Police Station' Cyberabad, as arbitrary and unconstitutional Heard learned counsel for the peiltioner and 2. learned Government Pleader for Civil Supplies appearlng on behalf of respondents No'1 to 3 and learned Government Pleader for Home appeaflng on behalf of respondent No'4' The vehicles of the petitioners i'e'' Ashok Leylarrd 3. Truck Goods Carriage bearing No' RJ 11 GC 7431 and fvfai'r\na.a Bolero Goods Carrier bearing No' TS 08 UJ / 2 TMO,] w P -2372-2025 7667 were seized under the cover of palchanama dated

06.01.2025 by respondent No.4 in connection with Crime No.8 of 2025 of RGI Airport police Station, Cvberabad, under Sectjon 318 (4) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS) and Section Z of the Essential Commodities Act, 1955 (for short .the E.C. Act,).

4. Learned Government pleader for Civil Supplies submitted that proceedings under Section 6_A. of the E.C. Act, have been initiated against the petitioners and the s€une are pending. Learned Government pleader furttrer submitted that the subject vehicles are still in the, custody of responderLt No.4-Police Station.

5. In vjew of the above facts and circumstances, taking into consideration the fact that the respondent authorities hLave initiated proceedings under Section 6_ A of the E.C. r\ct and the sarne a-re pending, this Court is inclined to grant relief to the petitioners. , I \ TMDJ wp 2312 2025 3 Accordingly, this Writ Petition is disposed of 6. directing the respond'ent No'4 to release the vehicles i'e'' Ashok teYland Truck Goods Carriage bearing No' RJ 11 G,C 7431and Mahindra Bolero Goods Carrier bearing No' TS 08 UJ 7661 under the cover of panchanama dated No.8 of 2025 of RGI 06.01.2025 in connection with Crime in favour of the Airport Police Station' CYberabad' petitioners subject furnishing bank guarantee bY to condition of Petitioner No' 1 way of Fixed DePosit for a Fifty Thousand onlY) and sum of Rs.5O,0O0/- (RuPees petitioner No.2 furnishing bank guarantee by way of Fixed Deposit for a sum of Rs'2S'OOO/- (Rupees Twenty Five Thousand only), in favour of respondent No'2' Release of the vehicles shall be subject to outcome of the conhscation proceedings under Section 6-A of the EC Act' Pending such proceedings' the petitioners are directed not to alienate or alter physical features of the subject vehicles' and are further directed to produce the vehicles as and / 4 IMO,J wP 2312 2025 when requiled by the authorities concerned. No order as to COStS. Misceilaleous applications, if any, pending in this writ petition, shall stand closed. \ //TRUE COPY// SD/.A.V.S. PRASAD, ASSISTANT REGISTRARy' / g, SECTION OFFICER To Rangareddy District. rahsitdar (CS), nansaieooy rjt.ti"t

1. The Principal Secretary, Consumer Affairs, Food and Civil Supplies T.S ^ gg.rgt?li3t Burtdings, State of Tetansrnr lr iv-J#Ura. 2. The Additionat Coilector (CS), nanSJ;odv-oiltriiil -' ? Lh" ?."?.rtv 4. I he Station House Officer, RGI Airport F.S. CyOeraOaO Commrssionrate, 5. Two CCs to Gp FOR HOME, High Court for the State of Telangana at 6. Two CCs to Gp FOR CtVtL SU''LIES, High Court for the State of Telangana 7. One CC to M/s C.SUN|THA KUMAR|, Advocate [OPUC] 8. Two CD Copies; at Hyderabad. [OUT] Hyderabad. [OIJT] SA BS Yft- C.C. TODAY 1ti5. S f4 15: '--) ll 1 i'if, zffi I. :- I I _ - .- .., ,.., ,' 'i .. ',./ HIGH COURT DATED:3010112025 ORDER WP.No.2312 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. ?r ffi; \z-c.4L-,:

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