High Court · 2025

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 particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No.4 and 5 seizing the rice of 29010 Kgs, and Goods Carrier Vehicle NO.UP 25 ET 3632of the Petitioners basing on the Crime No.38/2025 and Confession and Seizure panchanama dated 07-03-2025 is illegal. improper and Without any power or authority under law and violation of Articles, 19(1)(g) of the Constitution of lndia and consequently direct the respondents 2 to 4 to release the stock of 29010 Kgs, and Goods Carrier Vehicle NO.UP 25 ET 3 63 2 seized by the respondents No. No.4 and 5. t-l lA NO: 'l 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 seized stocks of 290 1 0 K g s, and Goods carrier Vehicle No.UP 25 ET 3 6 3 2 to the Petitioners under cover of crime No. .38/2025' confession and seizure panchanama dated 07-03-2025 pending disposal of the main Writ Petition. Counsel for the Petitioners: M/s. C.SUNITHA KUMARI Counsel for the Respondent Nos'1 TO 4: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.S: GP FOR HOME The Court made the following: ORDER TIIE HONOURABLE SMT. JUSTTCE T. MADHAVI DEVI WRJT PETITION NO.8O55 OF 2025 ORDER: The Writ Petition arises out of the proceedings dt.07.03.2025, wherein under a cover of panchanama, Goods Carrier vehicle bearing No.UP 25 ET 3632 of petitioner No.2 has been seized along with 29010 Kgs of rice of petitioner No.l and a case in Crime No.38 of 2025 dated

07.03.2025 on the file of the Jainath Police Station, Adilabad, has been registered. The petitioners are seeking interim release of the stock of rice and also the vehicle subject to confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955 issued by the authorities.

2. Learned counsel for the petitioners submitted that petitioner No.l is doing rice business by purchasing and selling rice to different states throughout India and as a part of the same, petitioner No. I was transporting 29010 Kgs of rice from Karnataka to Madhya Pradesh in the Goods Carrier vehicle bearing No.UP 25 ET 3632 of petitioner No.2 through proper bill and e-way bill. Learned counsel further submitted that the authorities intercepted the vehicle and seized the stock ofrice. It is submiued that the subject rice under transportation is not PDS rice / TMD,J W.P. No-8055 of 2025 2 and under a misconception that it is PDs rice, the same has been seized by the authorities

3. Having regard to the fact that the rice which was under transportation rvas seized by the authorities and the proceedings under Section 6-4 of the Essential commodities Act, 1955 l.rave already been initiated against the petitioners and the said proceedings are likely to take some timc for conclusion and the rice is likety to get damaged because of such time lapse, this court is inclined to grant interim custody of the rice which was seized by the authorities on terms. The respondents are directed to release the stock of rice which was seized by the authorities subject to the condition of petitioner No.1 furnishing third party security equal to the value of the stock of rice which has been seized by the authorities, to respondent No.2. The release of the stock of rice shalt be subject to the outcome of the confiscation proceedings under Section 6-4 of the Essential commodities Act, 1955 which have been initiated against petitioner No.1 . As regards release of the subject vehicles, the respondents are directed to release the vehicles i.e., Goods carrier bearing No.UP 25 ET 3632 subject to petitioner No.2 fumishing bank guarantee by way of fixed deposit for a sum of Rs'50,000/- (Rupees Fifty Thousand only) in favour of respondent No'2 and also \ \ \ To TMD,J W-P. No.8055 of 2025 3 fumishing undertaking that he will not alienate the subject vehicle or alter its nature or create any encumbrance on it. The release of the vehicle shall be subject to the outcome of the confiscation proceedings under Section 6-,4' of the Essential Commodities Act, 1955.

4. This Writ Petition is accordingly disposed of. There shall be no order as to costs.

5. Pending miscellaneous petitions, if any, in the Writ Petition shall stand closed. SD/- K.SREERAMA MURTHY ASSIS ANT REGIST ,/TRUE COPY// s CTION OFFICER 2 3 4 5 6 7 Secretariat Buildinqs, Hvderabad, State of Telangana 1 . The Principal Secretary, Consumer Affairs, Food and Civil Supplies T S . The Additional coli-ectoi (CS), Adilabad District . The Assistant Civil Supply Officer, Adilabad . fne Oistrict Civil Suppili Officer (DCS-O), Adilabad-District . The Station House 6ffi6er, Jainaih P.S, Adilabad Dis-trict . onl cC to M/s. C.SUNITHA KUMARI, Advocate to?ucl ^ . il; casi" ci Fon Ctvtl suPPLlES, High court for the State of Telanoana. at Hvderabad. [OUTI . Til ics to Gp Fon HonllE, High Court for the State of Telangana, at . Two CD Copies Hyderabad. [OUTI -District 8 I PSK. PSK a.. , u CC TODAY yre STat6: 1 ( P 2 0 t1Afl ?[25 * [) I. c pA-r C t €P HIGH COURT DATED:1 910312025 ORDER WP.No.8055 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS &