Mohammed Pasha v. The State of Telangana
Case at a glance
Outcome
Disposed of
ln the light of the same, this writ petition is disposed of
Provisions considered
- Constitution of India art. 226
- Code of Civil Procedure, 1908
- Bharatiya Nyaya Sanhita, 2023 ss. 318(4), 318(a)
- Essential Commodities Act, 1955 s. 7
Key paragraphs
- Para 66. ln the light of the same, this writ petition is disposed of directing the respondents to release the stock i.e., 110 quintals of rice seized in connection with Crime No.248 of 2024 on the I I I i I i i I I l…
Judgment
Cause title
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 a Writ, Order or direction more particularly one in the nature of Mandamus, declaring the action of the respondents seizing the petitioners Stock 1 10.00 Quintals of Rice under the cover of seizure panchanama dated 1 1-1 '1 - 2024 in connection with Crime No. 248 of 2024, dated 11-'l 1-2024 is illegal, arbitrary and against the principles of natural justice and also violation of Articles t I (1) (g) of the Constitution of lndia and consequently direct the respondent No.2 to release the Rice stock to the petitioner. *7 |.A.NO:1 OF 2025 Petition Under Section i 51 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 2nd respondent to release the petitiondrs Stock .1 10.00 euintals of Rice, which was seized in connection with crime No. 24g of 2024, dated 1.r-1 1- 2024, pending disposal of the main writ petition. Counsel for the petitioner : SRt LAXMAIAH KANCHANI 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 THE HON'BLE SRIJUSTICE K. LAKSHMAN WRIT PETITION No.16644 of 2025
ORAL ORDER:
Heard learned counsel for the petitioner, learned Assistant Govemment Pleader for Home and learned Assistant Government Pleader for Civil Supplies.
According to the petitioner, he is the owner of 110 quintals of rice. 'fhe same was seized in connection with Crime No.248 of 2024 by respondent No.5-Police' The aforesaid crime was registered against the petitioner herein for the offences punishable under Section 318(a) of Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955. The allegation leveled against the petitioner is that he is transporling the PDS rice illegally' Therefore, the petitioner is seeking to release the said rice'
Learned Assistant Government Pleader for Home, on instructions, would submit that the Investigating Officer has 6 already completed the investigation and laid charge sheet against the petitioner and the same was taken on file as 2 KL, J W.P.No.16644 oI202J C.C.No.67 of 2025 pending on the file of the Additional Judicial First Class Magistrate, Narsampet, for the offences punishable under Section 318(4) of BNS and Section 7 of EC Act. The said C.C. is pending.
Whereas, learned Assistant Government Pleader for Civil Supplies, on instructions, would submit that confiscation order is yet to be passed
ln similar circumstances, vide order dated 23.08.2024 in W.P.No.23238 of 2024, l.his Court directed the respondents therein to release the seized stock in favour of the petitioner on a condition of fumishing immovable property as a security equivalent to the value thereof, if the stocks have not been disposed of by way of interirn sale so far. Itelease of stock shall be subject to outcome of the confiscation proceedings under Section 6-,4. of EC Act.
Operative part
ln the light of the same, this writ petition is disposed of directing the respondents to release the stock i.e., 110 quintals of rice seized in connection with Crime No.248 of 2024 on the I I I i I i i I I l -xry 3 KL, J w.P.No-16644 ot 2025 file of Nekkonda Police Station, to the petitioner ona condition of petitioner furnishing immovable property as a security equivalent to thc value thereof, if the stock has not been disposed ofby way of interim sale. Release of stock shall be subject to outcome of confiscation proceedings under Section 6-,4. of EC Act. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/.P. CH. NAGABHUSFIAMBA DEPUTY REGISTRAR SECTION OFFTCER To vil Supplies, T.S rict. nd Ci 1. The PrinciPa I Secretary, Consumer Affairs, Fo Secretariat Building s, State of Telangana at Hyderabad 2. The Additional Collector (Civil SupPtY), At Warangal Dist 3. The DePutY Tahsildar Clvil Supply, At Nekkond a Mandal, Warangal Dist rict 4. The Girdawar, at Nekkonda, Nekkonda Mandal , Warangal District 5. The Station House Officer, Nekkonda, Nekkond a Mandal, Warangal District' 6. Two CCs to GP FOR HOIUE' High Court for the State of Telangana at ,. i,l,"""bC. i" e p ibn Ctvtl suppllES, High court for the State of Telangana e. o""'cci" snimxtuntnH KANCHANI, Advocate [oPUC] 9. Two CD CoPies at HYderabad. [OUT] Hvderabad. [OUTI SA BS I I t l HIGH COURT DATED:1 910612025 ORDER WP.No.16644 of 2025 gB lHE S .^l 14. 21 ;ul 2p5 (f.( aCs", ITCHEo o o '+ * DISPOSING OF THE W.P WITHOUT COSTS. \3\ /,' i { I a i I I I I 1 I ' I I i I , I I i I I ! . j I I
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: ln the light of the same, this writ petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Code of Civil Procedure, 1908; Bharatiya Nyaya Sanhita, 2023 — ss. 318(4), 318(a); Essential Commodities Act, 1955 — s. 7.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.