Baddela Naga Lakshmi v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) IVONDAY, THE EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION NO: 5587 OF 2021 Between:
Baddela Naga Lakshmi, Dio Raja babu Aged 34 years, occ- Business, R/o H. No. 6-186, ASR Nagar Gollalakoderu, Palakoderu West Godavari District ...PETITIONER AND
1. The State of Telangana, through Principal Secretary (Civil Supplies), Secretariat, Hyderabad
2. The District Civil Supplies Officer, Bhadradri Kothagudem District.
3. Dy Tahsildar, Civil Supplies, Bhadradri Kothagudem District. Kothagudem
4. The Station House Officer, PS Chandrugonda, Bhadradri Kothagudem District. ..,RESPONDENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction or writ, in the nature of Mandamus duly declaring the action of 3rd respondent in seizing the vehicle viz., AP 37 X 2358 of TATA Motors make, in regard to the FIR No. 10412017 dated 03.08.2017 registered under Section 420 and Sections 7 and 8 of E.C. Act as illegal, arbitrary and against the principles of natural justice and consequently direct the 3rd respondent to release the said vehicles forthwith in the interest of justice.
lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in supporl of the petition, the High Coufi may be pleased to direct the 3rd respondent to release the AP 37 X 2358 of TATA lVlotors make, in regard to the FIR No. 10412017 dated 03.08.20'1 7 reqistered under Section 420 & Sections 7 & 8 of E.C, Act forthwith in the interest of justice. Counsel for the Petitioner: SRI P. RAMA SHARANA SHARMA Counsel for the Respondent Nos.1 to 3: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.4: GP FOR HOME The Court made the following: ORDER
THE HON'BLE SRI JUSTICE T. AMARNATH GOUD WRIT PETITION No.5587 OF 2O21 ORDER:
1.
With the consent of learned counsel for the petitioner and learned Government Pleader for Civil Supplies, the writ petition is disposed of at the admission stage.
2.
Aggrieved by the action of the respondents in seizing the vehicle bearing No.AP 37 x 2358 of Tata Motors make in connection with Crime No.104 of 2Ol7 on the ground that the vehicle was used for illegal transportation of PDS rice, the present writ petition is fi1ed.
3.
As fairly submitted by learned Counsel for petitioner and learned Government Pleader, enquiry under Section 6-,{ of the Essential Commodities Act, 1955 (for short ,the Act,) and prosecution in the crime is yet to commence.
4. Enquiry under Section 6-A of the Act and investigation/ prosecution into the crime registered against petitioner may take considerable time. Meanwhile, as the vehicle is kept in the open yard exposed to sun and other weather conditions and kept idle, road worthiness of the vehicle may be severely affected. At the same time, as the vehicle is involved in a crime and violated statutory regulations, it can not be handed over to the owner even before proceedings are concluded. Such course may bolster the offender to commit further offences and is not in public interest. In the circumstances, the Court has to balance respective \\ _,)
claims and take due note of public interest. In the given facts, Court is inclined to opt a middle path.
5.
In view of the same and having regard to the facts and circumstances of the case, without expressing any opinion on merits, the writ petition is disposed of directing the 4rh respondent Station House Officer, Chandrugonda Police Station, Bhadradi Kothagudem District, as the case may be to release the vehicle after obtaining the valuation certificate from the concerned MV Inspector in issue, subject to following conditions : (a) respondents concerned, as the case may be, are directed to release the vehicle after obtaining the valuation certificate from the concerned MV Inspector subject to the petitioner shall furnish bank guarantee for an amount valued by the concerned MV Inspector for the equal sum;
(b) he shall furnish an undertaking in writing that he will not alienate or change the physical features of the vehicle; (c) he shall produce the vehicle whenever required; (d) he shall furnish the copies of R.C. Book of the vehicle and driving licence of the driver;
(e) the 4th respondent-Station House Officer, Chandrugonda Police Station, Bhadradi Kothagudem District shall write to the RTA authorities not to entertain any application to transfer the vehicle in question on any third party's name without clearance from the Civil Supplies Department;
(f) the release of the vehicle shall be subject to the orders to be passed in the enquiry under Section 6-A of the Act/prosecution of Crime No. 104 ol 2Ol7 .
Pending miscellaneous petitions, if any, sha1l stand closed SD/. K.AMMAJI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary (Civil Supplies), State of Telangana, Secretariat, Hyderabad
2. The District Civil Supplies Officer, Bhadradri Kothagudem District. 3 Dy Tahsildar, Civil lLpplies, Bhadradri Kothagudem District. Kothagudem
4. The Station House Officer, PS Chandrugonda-, Bhadradri Kothagudim District.
5. One CC to Sri P. Rama Sharana Sharma, Advocate tOpUCl
6. Two CCs to GP for Civil Supplies, High Court for the-State of Telangana at Hyderabad. [OUT]
7. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad touTl B. Two CD Copies SI]I
HIGH COURT DATED:08/03/2021 a 1rre sTAIC:
g foo 25 t4tff 2021 ,& .tr * *
ORDER
WP.N0.5587 of 2021 DISPOSING OF THE WP WITHOUT COSTS \\