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High Court for State of TelanganaWP/21558/2015disposed of no costs

Mohammed Azhar v. The State Of Telangana,

2015-07-14A Ramalingeswara Rao3 pages

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 21558 of 2015 DATED 14th July, 2015 BETWEEN Mohd. Azhar and anr

...Petitioner

And The State of Telangana, Rep. by its Commissioner of Civil Supplies Department and Ex-Officio Secretary, Hyderabad and ors.

....Respondents HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 21558 of 2015 ORDER:

Heard learned Counsel for the petitioners and learned Government Pleader for the respondents.

The first petitioner is doing business in rice and a licence was given for the same by the concerned authority. The second petitioner is the owner of light motor vehicle bearing registration No.TS.13 UA 2421. While so on 28.6.2015 the third respondent along with other officials intercepted the aforesaid vehicle on the allegation that the driver of the said vehicle was transporting PDS rice to black market. 6-A proceedings were initiated against the goods as well as the said vehicle. It is stated that 120 rice bags each weighing 50 Kgs equivalent to 60 quintals

worth of Rs.90,000/- along with two vehicles were seized. The petitioners filed an application before the second respondent on 2.7.2015 for release of the seized stocks and vehicles. When no orders are passed, the present Writ Petition is filed. Now the first petitioner is claiming release of the seized stock and the second petitioner is claiming release of the light motor vehicle bearing Registration No. TS.13 UA.2421 on usual terms. The value of the seized stock is worth of Rs.90,000/- whereas the said vehicle is of the recent registration. In the circumstances, the second respondent is directed to release the seized stock on condition of the first petitioner furnishing bank guarantee for Rs.90,000/- and light motor vehicle bearing Registration No. TS.13UA 2421 be released on condition of the second petitioner furnishing bank guarantee for Rs.1,00,000/-, within a period of fifteen days from the date of receipt of a copy of this order.

Further the second petitioner shall file an undertaking before the second respondent that she will not alienate or encumber the said vehicle till the conclusion of the 6-A proceedings and the same shall be produced as and when directed by the second respondent.

The Writ Petition is disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

--------------------------------------------------- JUSTICE A.RAMALINGESWARA RAO Dated 14th July, 2015.

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