Bhoopalam Srinivasulu vs. The State Of Andhra Pradesh
Held
The Court held that since the criminal case against the petitioners was quashed, the basis for the confiscation proceedings no longer existed. Consequently, the penalty order was unsustainable.
Facts
The petitioners' vehicle and rice stock were seized on allegations of illegal transportation of PDS rice. A penalty was imposed, and a criminal case was registered. The petitioners challenged the penalty order and sought release of the seized goods and vehicle.
Key Issues
Whether the penalty imposed for alleged illegal transportation of PDS rice is sustainable when the criminal case for the same offense has been quashed. Whether the seized goods should be released or their value paid to the petitioner.
Sections Cited
Section 7(1), Section 420, Section 34 IPC, Section 6A, Section 6C, Section 6C(2) of EC Act, 1955
AI-generated summary — verify with the full judgment below
APHC010178272023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9034/2023 Between:
BHOOPALAM SRINIVASULU, S/O SATYANARAYANA AGE 50 YEARS, OCC BUSINESS, R/O D.NO.2/252, GUN MEN STREET, GARLADINNE MANDAL, ANANTAPURAM DISTRICT.
BHOOPALAM VISHNU VAMSI,, S/O SRINIVSULU AGE 21 YEARS, OCC STUDENT,
R/O D.NO.2/252, GEN MEN STREET, GARLADINNE MANDAL, ANANTAPURAM DISTRICT.
...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLY DEPARTMENT, SECRETERIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
THE JOINT COLLECTOR CIVIL SUPPLY, ANANTAPURAM DISTRICT, ANANTAPURAM.
THE TAHSILDAR, VIGILANCE AND ENFORCEMENT, ANANTAPURAM.
THE STATE S H O, ANANTAPUR IV TOWN POLICE STATION, ANANTAPUR DISTRICT.
...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue any writ order or direction more
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