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Judgment
This Writ Petition is filed seeking the following relief:
"...to issue a Writ, Order or direction more particularly one in the nature of Mandamus declaring the action of the respondent No. 2 to 4 in seizing the vehicle TATA INTERA bearing No TG-05T 4653 of the Petitioner in connection with Crime No. 143/2026 dated 26.08.2026 is illegal, arbitrary and against the principles of natural justice and also violation of Articles 19 (1) (g) of the Constitution of India and consequently direct the respondents No. 2 to 4 to release the seized vehicle of the Petitioner and to pass ..."
Heard Mrs. C.Sunitha Kumari, learned counsel for petitioner, learned Assistant Government Pleader for Civil Supplies and learned Government Pleader for Home for respondents.
Learned counsel for petitioner has submitted that vehicle bearing No.TG 05T 4653 was seized on the ground that it was transporting PDS rice meant for the common public. It is submitted that FIR bearing No.143 of 2026, dated 26.08.2026, was registered under Section 318(4) of BNS and Section 7 of Essential Commodities Act, 1955, in the Police Station of Thirumalgiri, Suryapet District.
It is submitted that petitioner is owner of the vehicle and the offence was registered against the driver when the PDS rice was being transported from Vempati village of Thungathurthy Mandal to Hyderabad. It is further submitted that in similar cases the vehicle was released on certain conditions.
On the other hand, learned Assistant Government Pleader appearing on behalf of official respondents submitted that petitioner committed an offence of transporting PDS rice (extent of 30 quintals) meant for the public at large. That the transportation of PDS rice is an offence and a case was registered against the driver for transporting the PDS rice and the vehicle was seized in accordance with law/regulations.
Heard learned counsels, perused the record and considered the submissions.
It is alleged that vehicle bearing No.TG 05T 4653 of the petitioner was seized on the ground that it was carrying PDS rice of 30 quintals. It is further alleged that the vehicle was seized on 26.08.2026 and FIR bearing No.143 of 2026 was registered in the Police Station of Thirumalgiri, Suryapet District, under Sections 318(4) of BNS and 7 of Essential Commodities Act, 1955.
It is trite law that PDS rice is meant for public at large and the same cannot be transported illegally. The allegation is that the rice is PDS rice and was being transported illegally. Panchanama (Ex.P2) dated 26.08.2026 is annexed at page No.15 of writ papers, FIR (Ex.P1) is annexed at page No.11 of writ papers and the documents of the vehicle (Ex.P3) is annexed at page No.17 of writ papers.
It is informed to this Court that proceedings under Section 6A of the Essential Commodities Act, 1955, are pending before the appropriate authorities.
Considering the entire factual matrix of the case, this Court is of the considered opinion that the vehicle can be released, subject to the condition that petitioner furnishes a bank guarantee by way of a fixed deposit for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the District Collector (Civil Supplies), Suryapet District. The release of the vehicle shall be subject to the outcome of the confiscation proceedings which are underway.
Pending such proceedings, petitioner is directed not to alienate or alter the physical features of the subject vehicle and not to transfer or convey the vehicle to any third party by creating any interest. Needless to state that vehicle shall be produced as and when required by the authorities.
With the above observations, this writ petition is disposed of. No order as to costs.
Miscellaneous Petitions, if any, pending shall stand closed.