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High Court for State of TelanganaWP/34773/2016ordered

Ankem Panduranga Rao S/O Nageswara Rao v. The State Of Telangana

2016-11-09S.V.Bhatt1 pages

THE HON'BLE SRI JUSTI CE S.V.BHATT W RI T PETI TI ON No.3 4 7 7 3 of 2 0 1 6 ORDER:

Heard Mr. V.H.V.R.R. Swamy for petitioner and learned Government Pleader (Civil Supplies) for respondents. 2.

Petitioner claims to be the owner of Auto bearing No.AP 16 TE 1073. On 09.09.2016, panchanama was conducted by officers of second respondent and the vehicle is seized for illegally transporting rice. Though petitioner has explanation for the transport of rice on 09.09.2016, this Court is not referring to the reasons given by petitioner. In the present writ petition, the continued seizure of subject vehicle is complained.

3.

I have perused the panchanama and I am satisfied that pending enquiry under the Essential Commodities Act, respondents 2 and 3 can be directed to release the vehicle bearing No.AP 16 TE 1073 subject to petitioner complying with the following conditions:

1. Petitioner furnishes bank guarantee for a sum of Rs.80,000/ - (Rupees Eighty Thousand only) and the bank guarantee shall be kept alive till the proceedings under the Essential Commodities Act attain finality.

2. In addition to condition No.1, petitioner undertakes not to sell the vehicle and produce the same as and when directed by respondents.

The writ petition is ordered as indicated above. As a sequel, the miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.

____________ S. V. BHATT, J November 9, 2016 DSK