High Court · 2025

Petition under Article 226 of the Constitution of India 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 sub lnspector of police (S.l) caught hold by the Sub-lnspector of Police (S.l) without conducting panchanama after receipt intimated to the 5th respondent seized under cover of panchanama dated 05-03-2025 on the ground that the Petitioner transporting pDS Rice from Hyderabad to Nanded the 6th respondent registered a case in Crime No. 12512025, UiSec. 318(4) BNS and Sec. 7 of Essential Commodities Act declaring thal rice and paddy are not essential commodities as per the schedule correlating to Section 24 of the Essential Commodities Act, .1955 and I ,.{ +a consequently there cannot be any applicability of the provisions of '.he Ac1 to the ;rr;g;, movement and transportition of rice *M!9 petitioner owner of the Rice Con."qr"ntly the Telangana State Public Distribution System (.)ontrol Order, iot o i, also inaIplicable to ihe rice belonging to the petitioner and therefore the "nO seizure of the rice anrl vehicle effected Uy ine Stn respondent in sei.,ling Lorry No' AP29TB3464togetherwith2T6.4Quintalsofriceundercoverolpanchanama dated 05-03-2025 registered a case in crime No. 12512025, dated 15-03-2025 is ittljat, arOitrary and without jurisdiction and consequently direct tho respondents to f"orthwith release the seized 276.4 Quintals of rice of the petition(ir under cover oJ pun"f'lrn"*a dated 05-03-2025 seized in Crime No' 125 of 2025 ' dated 05.03.2025 to the petitioner, since the said rice and vehicle are lot meant for Public Distribution through fair price shops IA NO: 1 OF 2025 Petition under section 1 51 CPC praying that in the circumsta nces stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to forthwith release seized 276.4 Quintals of rice o'i the petitioner under cover of panchanama dated 05-03-2025 seized in crime No 125 of 2025 dated 05.03.2025 to tne petitioner, since the said rice is not meant for Public Distribution through fair price shops ' Counsel for the Petitioner: SRl. SOMAVARAPU SATYANARAYANA Counsel for the Respondent Nos.1 to 5: GP FOR CIVIL SUPPLIES Counsel forthe Respondent NO.6: GP FOR HOME The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE T. MADIIAW DEVI WRITPET ITroNNo.934 5 0F 2025 ORDE R This Writ Petition arises out of the proceedings d1.05.03.2025, wherein under a cover of panchanama, 276.4 quintals of rice of the petitioner and the lorry transporting the rice have been seized and a case in Crime No. 125 of 2025 dt.05.03.2025 on the file of Sangareddy Rural Police Station, Sangareddy District has been registered. The petitioner is seeking interim release of the stock of rice subject to confiscation proceedings under section 6-4 of the Essential commodities Act, 1955 issued by the authorities. 2' Heard leamed counsel for the petitioner and leamed Govemment Pleader for civil Supplies appearing on behalf of respondents No.1 to 5. Perused the material on record. 3' Leamed counsel for the petitioner submits that the petitioner is dealing with business of purchase, sale and milling of paddy and rice and as part of the same, the petitioner was transporting the subject rice , W.P. N r.q345 of 2025 to Nanded and the rice under transportation is not PDS rice and undel a misconception that it is PDS rice, the same has been seir:ed by the authorities.

4. Having regard to the fact that the rice which 'vas under transportation was seized by the authorities and the proceeiings under Section 6-4. of the Essential Commodities Act, 1955 have already been initiated against the petitioner and the said proceedings are lil:ely to take some time. for conclusion and the rice is likely to get datnlged because of such time lapse, this Court is inclined to grant interim custody of the rice which w'as seized by the authorities on terms. The resp'rndents are directed to release the stock of rice which was seized by the authorities subject to the condition of the petitioner fumishing third party security equal to the valtre of the stock of rice which has been seized by the authorities, to rr:spondent No.2-Collector (Civil Supplies), Siinga Reddy District. The release of the stock of rice shall be subject to 1l1e outcome of the confiscation proceedings under Section 6-,4 of th: Essential Commodities Act, 1955 which have been initiated against the petitioner.

5. The Writ Petition is accordingly disposed of. No order as to costs. I I I I I I 3 W-P. No.9345 of 2025 6 Pending miscellaneous petitions, if any, in this Writ petition shall stand closed To, //TRUE COPYII SD/- K. AMMAJI ASSI TANT REGISTRAR ECTION OFFICER

1. The Principal Secretary Consumer Affairs, Food and Department, Secretariat Buildings, Hyderabad. ivil Supplies

2. The Collector (Civil Supplies), Sangareddy District, lntegrated Collectorate, At Sangareddy District.

3. The District Civil Supply Officer, Sangareddy District, lntegrated Collectorate, At Sangareddy District.

4. The Assistant Civil Supply Officer, O/o District Civil Supply Office, Sangareddy District, lntegrated Collectorate, At Sangareddy.

5. The Deputy Tahasildar (CS), Sanga Reddy Rural, O/o DCSO Office, lntegrated Collectorate, At Sangareddy.

6. The Station House Officer, Sanga Reddy Rural Police Station, Sangareddy District

7. One CC to SRl. SOIVAVARAPU SATYANARAYANA Advocate [OPUC] 8. Two CCs to GP FOR CIVIL SUPPLIES ,High Court for the State of Telangana. [OUT]

9. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT]

10.Two CD Copies KKS GJP : I ! HIGH COURT DATED:2710312025 ORDER WP.No.9345 of 2025 e !r {a T4 16 o 0 I tPi 2025 6 ,+. )l * a_(AFst) .tLt,,,/ l-/ DISPOSTNG OF THE WRIT PETITION WITHOUT COSTS ?1