Sreenivasulu Bhupalam vs. The State Of Andhra Pradesh
Held
The Court directed the respondents to get the seized vehicle valued by the concerned Motor Vehicle Inspector in the petitioner's presence after serving him notice. The petitioner was then directed to furnish immovable property security, by executing a bond in favour of the appropriate authority, strictly adhering to Stamps and Registration Laws, for the value fixed by the Motor Vehicle Inspector. Upon production of this security, the respondents were directed to release the Mahindra Bolero Campher bearing No. AP 02 TA 9767 as interim custody. The petitioner was also required to provide proof of ownership and an undertaking not to alienate, alter the nature, or create any encumbrance on the vehicle pending proceedings under Section 6-A of the Act. The Writ Petition was disposed of with these observations.
Facts
The petitioner, owner of a Mahindra Bolero Campher bearing registration No. AP 02 TA 9767, filed a writ petition challenging the seizure of his vehicle and 50 bags of rice by respondent No. 2 on October 28, 2020. The seizure occurred while the vehicle was engaged by Sri Vijaya Durga Traders for transporting rice to Karnataka, with GST and Weight Bridge bills obtained. The authorities alleged the rice was PDS rice procured from cardholders and registered a crime under Section 420 IPC and Section 7 of the Essential Commodities Act, 1955. The petitioner argued that as the vehicle owner, he is not concerned with the alleged crime committed by others.
Key Issues
1. Whether the seizure of the petitioner's vehicle and goods is illegal and arbitrary, considering the petitioner's role solely as the owner of the vehicle engaged for transportation with valid documentation. Petitioner's arguments: The petitioner contended that he, as the owner of the vehicle, is not involved in the alleged crime committed by the accused in the case. He relied on a previous order of the High Court in W.P.No.18163 of 2020, dated October 16, 2020, where the Court directed the release of seized stock and vehicles upon furnishing immovable property security for the value of the stock and a personal bond with a third-party surety for the vehicle. Revenue's arguments: The judgment does not record any specific arguments made by the revenue or State.
Sections Cited
Section 420 IPC, Section 7 of the Essential Commodities Act, 1955, Section 6-A of the Act
AI-generated summary — verify with the full judgment below
HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.25415 of 2020 ORDER:
Heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies. At their request, the Writ Petition is being disposed of at the admission stage itself. The action of respondent No.2, in seizing Mahindra Bolero Campher bearing No.AP 02 TA 9767 on the ground of transportation of PDS rice, is questioned in the Writ Petition as being illegal and arbitrary. Petitioner’s case, in short, is that, he is the owner of the Mahindra Bolero Campher bearing No.AP 02 TA 9767 and using the vehicle for transportation of goods. On 28.10.2020, when the subject vehicle was engaged by Sri Vijaya Durga Traders for transportation of rice to Karnataka State by obtaining GST bill and Weight Bridge bill, respondent No.2 intercepted and seized the subject vehicle, along with 50 bags of rice, vide police proceedings dated 28.10.2020, alleging that it is PDS rice procured from the card holders, and registered Crime No.537 of 2020 on the file of Chilamathur Police Station, Ananthapuram District, for the offences punishable under Section 420 IPC and Section 7 of the Esse
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