1. N/'lohammed Aamir v. The State of Telangana

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 issue an appropriate writ, order or direction more in the nature of Mandamus, declaring the action of the respondents in seizing the vehicles Lorry bearing Nos. TS 1B T 8887 and TS 1B T 2616 of the Petitioners under the cover of seizure panchanama dated 10.02.2025 by kept the vehicle in the custody of the 4th Respondent Police Station in connection with the Crime No. 27 of 2025 dated 10.02.2025 as being illegal, arbitrary and against the principles of natural justice and violative of Articles '14, 300-4 and 30'1 of Constitution of lndia and consequently direct the respondents to release the seized vehicles Lorry bearing Nos. TS 18 T 8887 and TS18 T 2616 under the cover of seizure panchanama dated 10.02.2025 by kept the vehicle in the custody ofthe 4th Respondent Police ) Station in connection with the Crime No Petitioners forthwith. 27 ot 2O25 dated 10.02.2025 of the lA NO: 1 OF 2025 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 respondents to release the Lorry bearing Nos. TS 1g r gggT and rSlg T 2616, under the cover of seizure panchanama dated .10.02.2025 by kept the vehicle in the custody of the 4th Respondent police station in connection wiin the crime No. 27 ot 2025 dated 10.02.2025 of the petitioners forthwith pending the disposal of the above Writ Petition. Counsel for the Petitioners: SRI JELLA SRIKANTH Counsel for the Respondent No.1 to 3: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.4: GP FOR HOME WRIT PETITION NO: 5504 OF 2025: Between:

1. Mohammed Aamir, S/o. Mohammed Usman, Aged about 32 years. Occ. Business FYo. H. No. 'r0-s'r, Viilage and Mantar Soan, rvirrirai riistriit, Telangana.

2. Dandu Lasum Bai, W/o Dandu Rajeshwar Aged about 54 years, Rt/o. H.No. 11-77.Village and Mandat Soan, Niimal Distridt, Telangana.' ...PETITIONERS AND 1 2 ? 4 The State of Te-langana, rep. by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Secret'ariat Buildings, hydera-bad. The Collector (CS), Nirmal District. The Assistant Civil Supply, Officer Nirmal District. The Station House Officer, Laxmanchanda police Station, Niramal District .,.RESPONDENTS Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High may be pleased to issue an appropriate writ, order or direction more in the natuie of Mandamus, declaring the action of the respondents in seizing the vehicles Lorry bearing Nos. TS 1B T BB87 and rSlB T 2616 ofthe petitioneri underthe cover of seizure panchanama dated 10.02.2025 by kept the vehicle in the custody of the 4th Respondent Police station in connection with the crime No. 2g of 2ois dated 10.02.2025 as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14, 300-A and 30'l of consiitution of lndia ano consequently direct the respondents to release the seized vehicles Lorry bearing 'court 7 Nos. TS 18 T 8887 and rS18 T 2616 under the cover of seizure panchanama daled 1010212025 by kept the vehicle in the custody of the 4th Respondent police Station in connection with the crime No. 28 ot 2o2s dated 1olo2l2o25 of the Petitioners forthwith. IA NO: 1 OF 2025 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 respondents to release the Lorry bearing Nos. TS ig l. SBgz and rs18 T 2616, belonging to the Petitioners forthwith pending the disposal of the above Writ Petition. Counsel for the Petitioner: SRI JELLA SRIKANTH Counsel for the Respondent No.1 to 3: Gp FOR CIVIL SUPPLIES Counsel forthe Respondent No.4: Gp FOR HOME The Court made the following: ORDER THE HONOT]RABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.5496 OF 2025 AND WRIT PETITION NO.55O4 OF 2025 COMMON ORDER These two Writ Petitions arise out of the common proceedings dt.L0.02.2025, wherein under a cover of panchanama, Lorry bearing No.TS l8T 8887 and Lorry bearing No.TS l8T 2616have been seized and cases in Crime Nos.27 and 28 of 2025 dt.lO.O2.Z025 on the file of Laxmanchanda Police Station, Nirmal District have been registered under Sections 316(2),316(5),318(4) ofBNS and Secrion 7 ofEssential Commodities Act. The petitioners are seeking interim release of the vehicles subject to confiscation proceedings under Section 6-.4 of the Essential Commodities Act, 1955 issued by the authorities.

2. Learned Govemmenr Pleader for Civil Supplies submitted that proceedings under Section 6-,4 of the Essential Commodities Act, 1955 have been initiated against the petitioners and the same are pending. The leamed Govemment Pleader funher submitted that the subject vehicles are still in the custody of respondent No.4-police station. \ 2 W.P. Nos.5496 & 5504 of2025 \

3. In the writ affidavits, it is stated that the l.r petitioner has purchased the subject vehicles from the 2nd petitioner on 30.03.2024 through sale agreements, but their registration certificates are still in the name of the 2nd petitioner.

4. Having regard to the fact that the subject vehicles were seized by the authorities and the proceedings under Section 6_,,{ of the Essential Commodities Act, 1955 have already been initiated against the petitioners and the said proceedings are likely to take some time for conclusion and the vehicles are likely to get damaged because of ru"n time lapse, this Court is inclined to grant interim custody of the subject vehicles on terms. The respondents are directed to release both the vehicles, i.e., Ashok Leyland Goods Carriage_HMV vehicles bearing Regd Nos.TSl8T8887 and TSlgT2616 subjecr to the 2nd petitioner in both the writ petitions, the originar owner of the vehicres in whose name the certificate of Registration of both the vehicles still stand, fumishing separate bank guarantees for each vehicle by way of fixed deposits for a sum of Rs.25,000/- (Rupees twenty five thousand only) for each vehicle in favour of respondent No.2_Collector (Civil Supplies), Nirmal District and also subject to both the petitioners in both the Writ Petitions fumishing an undertaking that they will not alienate the subject --n=: To, \ 3 W.P. Nos.5496 & 5 504 of 2025 vehicles or alter their nature or create any encumbrance on them. The release of the vehicles shall be subject to the outcome of the confiscation proceedings under Section 6-4 of the Essential Commodities Act, 1955.

5. The Writ Petitions in W.P.No.5496 of 2025 and W.P.No'5504 of 2025 are accordingly disposed of. There shall be no order as to costs.

6. Pending miscellaneous petitions, if any, in these Writ Petitions shall stand closed. //TRUE COPY// SD/. M. SRIHARI / ASSISTANTREGFfRAR / / SECTION OFFICER

1. The Principal Secretary, Consumer Affairs, Food and Civil Supplies The State of Telangana, Secretariat Buildings, hyderabad.

2. The Collector (CS), Nirmal District. 3. The Assistant Civil Supply, Officer Nirmal District. 4. The Station House Officer, Laxmanchanda Police Station, Niramal District. 5. One CC to SRI JELLA SRIKANTH, Advocate IOPUCI 6. Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Telangana. [OUTJ

7. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 8. Two CD Copies BN HIGH COURT DATED:2510212025 COMMON ORDER WP. No.5496 of 2025 AND WP.No.5504 ot 2025 CC TODAY HE SIAT{: k ,t ) o ,J 2 5 rtB 2$25 : \ k ,--u' DISPOSING OF BOTH THE WRIT PETITIONS WITHOUT COSTS \