Pinjari Mohammed Rafi vs. The State Of Ap

Held

The Court did not decide on the legality or arbitrariness of the seizure itself. Instead, it disposed of the writ petition by directing the petitioner to appear before the Joint Collector, Kurnool District, on March 22, 2025, as indicated in the notice dated March 17, 2025. The Court further directed the 2nd respondent (Joint Collector) to consider and dispose of the petitioner's application for the release of the seized vehicle within one week from the date of filing such application. No costs were awarded. The ratio decidendi is that statutory remedies available to a party should be availed, and the High Court may not interfere directly when such remedies are being pursued or are available.

Facts

The petitioner, Pinjari Mohammed Rafi, is the owner of an Ashok Leyland goods carriage vehicle. On February 4, 2025, the Sub-Inspector of RV&EO, PS, Kurnool District, seized the vehicle, alleging illegal transportation of PDS Rice. The petitioner claims he produced E-way Bills and a GST Bill at the time of seizure. He was not issued any notice or seizure report. The respondents, through the Government Pleader, stated that a notice under Section 6-A was served on March 17, 2025, and the petitioner could appear before the Joint Collector, Kurnool District, on March 22, 2025, to file an application for the vehicle's release.

Key Issues

1. Whether the seizure of the petitioner's vehicle bearing registration No.TS 33 T 6212 on February 4, 2025, by the SI of RV&EO, PS, Kurnool District, was arbitrary, illegal, and violative of Articles 14, 19, and 21 of the Constitution of India, particularly in the absence of prior notice and seizure report. Petitioner's contention: The seizure was illegal as no notice or seizure report was provided, despite the petitioner possessing E-way Bills and a GST Bill, thus violating fundamental rights. Respondents' contention: A notice under Section 6-A was served on March 17, 2025, and the petitioner has an avenue to seek release of the vehicle by appearing before the Joint Collector, Kurnool District, on March 22, 2025.