The High Court · 2025

Judgment

1. The State of Telangana, Rep by its prirfcipal Secretary consumer affairs food and civil supplies department, Secretaiiat, Hyderabad. 2. The Collector (Civil Supplies), Mahabupabad District. 3. The District Civil supplies Officer, Mah+boobabad district. 4. The Station House Officer, Peddavangpra Police Station, Mahabubabad District.

5. Bhukya Lashkar, S/o laxman, Aged ab Peddavangara mandal, Mahabubabad put 50 years, Occ. Mandal girdavar District. ...RESPONDENTS

Petition under Article 226 of lhe Cdnstitution 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, rtnore particularly one in the nature of a Writ of mandamus declaring the action of respondents in seizing the petitioner vehicle Eicher DCM Van B/No. TS 12 Ub 5062 and 12o qtls of rice through panchanama dated 9.3.2025 mentioned ih stocks in FIR No. 1812025 daled 09.03.2025 on the ground of transportatiqn of PDS rice without following any procedure as being illegal arbitrary and agaifrst the principles of natural justice and consequently direct the respondents to rele{se the seized vehicle of the petitioner i.e. Eicher DCM Van B/No. TS 12 UD 5062 and stocks '120 qtls of rice mentioned in FIR No. 1812025 dated 09.03.2025 on lhe file of the respondent No.3 in the interest of justice tA 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 respondent no 2 to 4 to release the seized vehicle of the petitioner i.e. Eicher DCM Van B/No. TS 12 UD 5062 and nce of '1 20 qtls in FIR No. 18/2025 dated 09.03.2025 in the interest of justice Counsel for the Petitioner: SRl. GUDt MADHUSUDHAN REDDY Counsel for the Respondent Nos.1 to 3: GP FOR CIVIL SUPPLIES Counsel forthe Respondent No.4: GP FOR HOME Counsel for the Respondent No.5: -- The Court made the following: ORDER THE HON'BLE, SMT. JUSTTCE T. MADHAVI DEVI WRIT PETITION No 25942 of 2025 ORDER: l'his Writ Petition arises ou{ of the proceedings dated

09.0i.2025 whelein urrder a cover of r panchanama, the vehiclc i.e., Iricher DCM Van bearing No.l S 12 UD 5061 along with 120.00 I quintals of ricc ol thc petitioner has bqen seized and a casc in Crime No.l8 of 2025 on the llle ol tlie Peddavangara Police Station, Mahabubabad, under Section 318 (4) ot' Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Esscntial Cqmmodities Act, I955 has been registeled. The petitioner is seeking interirn release of the stock of rice and also the vehiclc subject to qonliscation proceedings under Section 6-,4 of the Lsse ntial Conrrloflitic's Act, 1955 issued by the authorities.

2. Heard learned counsel fbr the petitioner, Icarned Government Pleader for Civil Supplies appcaring o4r behalf of rcspondcnts No. I to 3 and leamed Government Pleader lor flome appearing fbr respondent No.4. Perused the material on rccold. -€ €*fry '/ r C Yg TMD ] \NP 25942 2025 2

3. Learncd connsel for the petitioner suburitted that the ltetitioner. is a trader dealir.rg with business ol purchase, sale and rnilling ol- paddy and rice and as a part ol' the same, tlre pctitioner u as tlanspofting 12000 quintats of rice from Saroornagar. IJvtlerabacl kr Janwada Villirge near Bidar through proper trill and invoicc. I_earuecl counsel for the petitioner further subrnitted that rihcn the sante u,as being transported by vehicle bearing No.'fS ll LiD 50(r2, thc authorities intercepted the vchicle and seizcd the stock of'ricc. It is subntitted that the subject ricc under tr.ansportat iotl is not I)DS rice and under a rnisconception tliat it is I)DS rice, the same has been seized by tlre authorities.

4. l.earncd Government I)leader lor Civil Supplics subnritted that notice under Scction 6-8 of the Esscntial Cornrnoditics Act. 1955 has already been issued to the petitioner and the dltc ol hcaring

04.09.2025. . Having regard to the fact that the rice rrhich rvas under 5 ansportation rvas seized by t[-re authorities and the proccedings undcr S ection 6-.4 ol the Essential Cornmodities Act, l()55 havc alreadv been initiated against the petitioner and the said procccdings are likely '{'*;Y 3 TMD,J wP 25942 2025 to takc some time fbr conclusion and tle rice is likely to gct damaged because of such time lapse, this Cogrt is inclined to grant interim custody of the rice ivhich was seized the aLrthorities on terms. 'l'he Q) respondents are dircctcd to release the stock o1'rice which was seized by the authorities subject to the condition ol the petitioner lumishing irnmovable propefty sccurity in Telaqgana equal to the value of the stock of rice, which has been seized by the authorities, to r-espondent No.2. The release ol the stock ol rice ishall be subject to the outcome of the confiscation proceed ings under Section 6-,4 of thc Ilssential Commodities Act, 1955 which bccn initiated aqainst rhe petrtroner.

6. As regards release of the subjept vehiclc, the respondents are directed to release the vehicle i.e., Eich,er DCM Van bearing No.TS l2 UD 5062 subject to the petitioner lurnilshed bank guarantee by way of fixed deposit for a sunr of Rs.25.000/- (Rupces Trvenly Five 1-housand only) in lavour of respondenr No.2 apd also turnishing undertaking that he will not alienate the subject vehicle or alter its nature or create any encumbrance on it. 'l'he release of the vehicle shall be subject to the outcome of the conflscation proce(dings under Section 6-.4 of the Essential Con.rmodities Act, 1955. The petitioner is directed to I I \ E@ 4 TMD,] wP 25942 2025 I cooperate with the authorities by appearing on the date of hearing ol' ploceedings under Section 6-,{ oi the Essential Conirnodities Act. 1955 and lbr calll conclusion of thc said proccedings

7. The Writ Petition is accordingly disposcd oL No ordct' as to Miscellaneous applications, il any, pending in this ri'rit petitiorr, shalI staud closed ,TRUE COPY// SD/.T.SRIDEVI ASSISTANT REGISTANT .j\ 1'> SECTION OFFICER To,

1. The Principal Secretary consumer affairs food and civil supplies department, Secretanat, Hyderabad.

2. The Collector (Civil Supplies), Mahabubabad District. 3. The District Civil supplies Officer, Mahaboobabad district. 4. The Station House Officer, Peddavangara Police Station, lMahabubabad District. 5 One CC to SRL GUDI MADHUSUDHAN REDDY Advocate [OPUC] 6. Two CCs to GP FOR CIVIL SUPPLIES ,High Court for the State of Telangana. [OUT]

7. Two CCs to GP for Home, High Couft for the State of Telangana at Hyderabad. [OUT] B. Two CD Copies KKS/BSK HIGH COURT DATED:01 10912025 CC TODAY ORDER WP.No.25942 of 2025 7):-\' iJ (-) a tt.."-- 0't 'ri:P 2025

7. (;) f\ ')r SYIqTC DISPOSING THE WRIT PETITION WITHOUT COSTS )--' \ 1)W