✦ High Court of India · 19 Mar 2025

One CC to M/s v. Poornasri

Case Details High Court of India · 19 Mar 2025
Court
High Court of India
Decided
19 Mar 2025
Bench
Not available
Length
1,002 words

M/s Sainadh Agro Products, Proprielorship firm Rep.by^its Proprietor Penniti Naresh S/o Nalaraju, Age. 31 Yis, Occ. Business, R/o 2-168'Uppumaguluru, Prakasam' Andhra Prades ..pETraoNER AND $r'. ,

1. The State Of Telangana, Rep by its Prl., Secretary, Consumer Affairs, Food ano Cvii Srpplies dept., or.b.fi.nmOeOkar Secreiariat Buildings, Saifabad, . Hyderabad

2. Thd Collector (Civil Supplies), Sangareddy, Sangareddy Dist', 3. The Additional Collector Civil Supply Officer, Sangareddy, Sangareddy District.

4. The Assistant Civil Supply Officer, Sangareddy Sangareddy District' 5. The Deputy Tahsildar (CS), Office of District Civil Supplies Officer, Sangareddy, SangareddY Dist.,

6. The Station House Officer, Munipally P.S., Sangareddy, Sangareddy District' ...RESPONDENTS Petition under Article 226 ot 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 writ of Mandamus, declaring the action of the Respondents in seizing the 350.00 Quintals of rice on 07 -01-2025 in pursuance to the F.l.R.No.4 Ol 2025, dt" 08-01- 2O25 (Seizure Danchanama dl., 07 -01-2025) on the file of the 6th Respondent P.S. without conducting any enquiry, is illegal, arbitrary, without jurisdiction and also violative of principles of natural iustice and in violation of Art., 14, 19 and 21 '.: '.lr " of the Constitution of lndia and consequently direct the 2nd Respondent to release the sezied PDS Rir;e, of 350-00 Quintals in favor of the petitioner. / lA NO: 1 OF 2025 Petition und er Section 1 51 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court may be prleased to issue a direction, directingr the 2nd Respondent herein to forthwith release the seized PDS Rice of 350.00 Quintals in connection with FIR No.4 OF 2O2S dt., OB-01-2O25 (Under the Seziure Panchanama dt., 07-01-2025) on the file of the 6th Respondent P.S.,in favor of the Petitioner herein pending disposal of the above Writ Petition in the interest of justice. Counsel for the Petitioner: M/S. V. POORNASRI Counsel for the Respondent Nos.1 to 5: Gp FOR CIVIL SUppLIES .i Counsel for the Respondent No.6: GP FOR HOME f,_ The Court made the following: ORDER r o THE HON'BLE SMT. JUSTICE T. MADHAVI DEYI WRIT PETITI ONNo.7662 of 2025 ORDER: This Writ Petition arises out of the proceedings dated

07.01.2025 wherein under a cover of panchanama, 350'00 quintals of rice of the petitioner has been seized and a case in Crime No'4 of 2025 has been registered. The petitioner is seeking interim release ofthe stock of rice subject to confiscation proceedings under Section 6-4. of the Essential Commodities Act, 1955 issued by the authorities. - Heard learned counsel for the petitioner, leamed

2. Govemment Pleader for Civil Supplies appearing on behalf of respondents No.l to 5 and learned Govemment Pleader for Home appearing on behalf of respondent No'6' Perused the material on record. 3 Learned counsel for the petitioner submitted that the petitioner is dealing with business of purchase, sale and milling of paddy and rice and as a part of the same, the petitioner was transpofiing 350.00 quintals ofrice from Andhra Pradesh to Gujarat through proper bill and e-way bill' Leamed counsel for the l \ 2 TMD,I wP 1662-2025 petitioner. further submitted that when the same was being transporled to Gu.iarat State by vehicle bearing No. GJ 1g BV g013, the authorities intercepted the vehicle and seized the stock of rice. It is submit:ed that the subject rice under transportation is not pDS rice and under a misconception that it is pDS rice, the same has been seized by the authorities.

4. Flaving regard to the fact that the rice whicfL was under transportalion was seized by the authorities and the proceedings under Scction 6_,{ of the Essential Commodities Act, 1955 have already beer, initiated against the petitioner and the said proceedings are likell, to take some time for conclusion and the rice is likely to get damaged because of such time lapse, this Courl is inclined to grant rnterirn custody of the rice which was seized by the authorities on terms. T'he respondents are directed to release the stock of rice which was seized by the authorities subject to the condition of the petitioner furnishing immovable properfy security in ,Ielangana equal to the value of the stock of rice, which has been seiz:ed by the authorities, to respondent No.2. The release of the stock ofrice shall be subject to the outcome of the confiscation proceedings under Section 6-,4 of the Essential Commodities Act, 1955 which have been initiated against the petitioner. 3 TMD,J wP 7662 2025 The Writ Petition is accordingly disposed of' No order as to

5. costs. Miscellaneous applications, if any, pending in this writ petition, shall stand closed //TRUE COPY// SD/- A.V.S.P ASSISTANT REGI AD RAR SECTION FICER To, fi' j

1. The Prl., Secretary, Consumer Affairs, Food and Civil Supplies Dept., Dr.B.R.Ambedkar Secretariat Buildings, Saifabad, The State Of Telangana, Hyderabad

2. The Collector (Civil Supplies), Sangareddy, Sangareddy Dist., 3. The Additional Collector Civil Supply Officer, Sangareddy, Sangareddy District.

4. The Assistant Civil Supply Officer, Sangareddy Sangareddy District. 5. The Deputy Tahsildar (CS), Office of District Civil Supplies Officer, Sangareddy, Sangareddy Dist.,

6. The Station House Officer, Munipally P.S., Sangareddy, Sangareddy District 7. One CC to M/s. V. Poornasri, Advocate [OPUC] 8. Two CCs to GP for Civil Supplies, High Court forthe State of Telangana, at

9. Two CC to The GP for Home, High Court forthe State of Telangana, at Hyderabad [OUT] Hyderabad[OUT] 'l0.Two CD Copies TJ w / HIGH COURT CC TODAY DATE D: 1 910312025 .( o e srAl {, 1t\ 21 lllA ztl25 7- * :+rJ6li :::'.--;;ia ,r ORDER WP.No.7662 oI 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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