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Judgment
Heard Sri. K. Venumadhav, learned counsel appearing on behalf of the petitioner and Sri Nagaraju Gali, learned Assistant Government Pleader for Civil Supplies, appearing on behalf of respondent Nos.1, 2 and 4 and learned Assistant Government Pleader for Home, appearing on behalf of respondent No.3.
The petitioner approached this Court seeking the prayer as under:
"...to issue a writ order, or direction more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of the respondents authorities in seizing the vehicle i.e., MZ 21 BH 6666 by registering a F.I.R. No.409 of 2026, dated 09.07.2026 and not releasing the said vehicle in favour of the petitioner, even though the petitioner had not committed any irregularities or illegalities, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India, the same may be set aside. consequently, direct the respondent authorities to release the vehicle i.e., MH 21 BH 6666 in favour of the petitioner, which is seized by registering a F.I.R. No.409 of 2026, dated 09.07.2026 and to pass...".
The case of the petitioner, in brief, as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-The petitioner, claiming to be the registered owner of vehicle bearing No. MH 21 BH 6666, contends that the vehicle, which was purchased in the year 2018 under a hypothecation arrangement and is being used for transportation of goods on hire, was intercepted on 09.07.2026 by the Civil Supplies authorities along with the police while transporting rice. It is alleged that the authorities, merely on a visual inspection and without any scientific verification or material to establish that the commodity was Public Distribution System (PDS) rice, seized both the rice and the vehicle and registered F.I.R. No.409 of 2026, thereafter keeping the vehicle in the custody of the respondents. The petitioner asserts that neither the petitioner nor his vehicle was involved in any illegal activity or violation of the relevant Control Orders or the provisions of the Essential Commodities Act, and that the seizure is arbitrary, without jurisdiction, contrary to the principles of natural justice, and violative of Articles 14, 19 and 21 of the Constitution of India. The continued detention of the vehicle has deprived the livelihood of the petitioner and his family, and that, in view of the Government instructions and the legal position governing seizure of Custom Milled Rice (CMR), confiscation of the vehicle is impermissible. Placing reliance upon the order passed by this Court in W.P. No.22814 of 2026 dated 16.07.2026, the petitioner seeks a writ of mandamus declaring the seizure and continued detention of the vehicle as illegal and arbitrary and prays for its release in favour of the petitioner.
PERUSED THE RECORD:
DISCUSSION AND CONCLUSION:
Learned counsel appearing on behalf of the petitioner submits that the petitioner is only seeking release of Vehicle i.e. MH 21 BH 6666, which had been seized in connection with F.I.R. No.409 of 2026 dated 09.07.2026, under Section 318 (4) of BNS, 2023 read with Section 3 (5) of NBS and Section 7 (1) of Essential Commodities Act, 1955. The learned counsel appearing on behalf of the petitioner further contends that under similar circumstances, this Court passed order in favour of petitioner thereunder in W.P. No.22814 of 2026 vide its order dated 16.07.2026 and therefore, the petitioner herein is entitled for similar relief as extended to the petitioner in W.P. No.22814 of 2026, dated 16.07.2026.
Bringing the said submission of the learned counsel appearing on behalf of the petitioner on record that under similar circumstances, this Court disposed of W.P. No.22814 of 2026, dated 16.07.2026 and had passed orders in favour of the petitioner thereunder, and duly considering the said order, the present writ petition is also disposed of in terms of the order of this Court, dated 16.07.2026 passed in W.P. No.22814 of 2026, directing the respondents to release the Vehicle bearing No. MH 21 BH 6666 to the petitioner upon the petitioner furnishing bank guarantee by way of fixed deposit for a sum of Rs.50,000/- (Rupees Fifty Thousand only) in favour of the respondent No.2 and also upon the petitioner furnishing an undertaking that the petitioner will not alienate the subject vehicle or alter its nature or create any encumbrance on it. The release of the subject vehicle shall be subject to the outcome of the confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.