M/S Srinivasa Traders vs. The State Of A.P.
Held
The Court set aside the order dated October 19, 2023, passed by the 2nd respondent. The Court directed the respondents to release the seized rice in favor of the petitioner. This release is conditional upon the petitioner furnishing security in the form of movable or immovable property located within the State of Andhra Pradesh, equivalent to the value of the seized stock. This security must be provided within two weeks of receiving a copy of the order. The Court's decision was influenced by a Division Bench order in *Onteru Bhaskar vs. State of Andhra Pradesh*. The specific provision under which the seizure was made or the legality of the initial seizure was not expressly decided, but the outcome focused on the release of goods.
Facts
The petitioner, M/s. Srinivasa Traders, a wholesale rice business owner, filed a writ petition challenging the seizure of rice stock on July 20, 2023, by the 3rd respondent and vigilance officers. Despite no discrepancy between physical stock and the B-Register, the rice was seized under a Panchanama and handed over for safe custody. The petitioner's subsequent petition on September 23, 2023, to release the stock was rejected by the 2nd respondent on October 19, 2023, who instead ordered a public auction. The petitioner is aggrieved by this order and has filed the present writ petition.
Key Issues
1. Whether the seizure of the rice stock by the 3rd respondent and vigilance officers was justified, considering the petitioner claims no variation in physical stock compared to the B-Register. The petitioner argues the seizure was highhanded. The revenue contends the seizure was based on credible information and that criminal proceedings were initiated. 2. Whether the 2nd respondent was correct in rejecting the petitioner's petition for the release of seized stock and ordering a public auction. The petitioner is aggrieved by this order. The revenue's argument is not explicitly detailed regarding this specific point but is implied to be in support of the 2nd respondent's order.
AI-generated summary — verify with the full judgment below
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.28751 of 2023
ORDER:
Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies for the respondents and perused the material available on record. 2) With their consent, this writ petition is disposed of at the stage of admission. 3) The case of the petitioner is that the petitioner is the owner of the seized stock. The petitioner is doing wholesale rice business in the name and style of M/s.Srinivasa Traders. On 20.07.2023, the 3rd respondent along with vigilance and Enforcement Officers, Nellore visited the subject mill and requested to produce the relevant records such as lease agreement, GST certificate and B-Register. Even though there are no variations in the physical stock when compared with the B-Register, the 3rd respondent highhandedly seized the rice available in the bunkers of the mill under the cover of Panchanama dated 20.07.2023. The said seized rice was handed over to the In-charge, MLS Point, Kovur for safe custody and filed a 6-A report before the 2nd respondent herein. The petitioner filed a petition on 23.09.2023 before the 2nd
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