THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.20011 of 2011 Date: 20.07.2011 Between: Mutyala Narasimha Rao … Petitioner and The Joint Collector, Krishna District at Machilipatnam and another. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.20011 of 2011 ORDER : Heard Smt. V. Padmaja Reddy, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Revenue and the learned Government Pleader for Home appearing for the respondents, and with their consent the writ petition is being disposed of at the admission stage. 2. On information from the staff of Veeravalli Check Post that a lorry bearing No.AHF-3535 was carrying P.D.S. rice, the Assistant Supply Officer, Nuzvid, checked the said vehicle and found 264 bags of rice with F.C.I. lables. The driver of the said lorry fled away from the scene. The lorry along with the stock was seized under a panchanama dated 13.10.2010 and proceedings were initiated under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”). The offending vehicle was handed over to the Station House Officer, Veeravalli Police Station, Veeravalli, Krishna District. 3. This writ petition has been filed by the registered owner of the said vehicle seeking its release. He pleads that the vehicle was engaged for transportation of Bananas to Vijayawada Market and after unloading the same, in the return trip, it was engaged for transporting the rice from Vijayawada to Bapulapadu. The petitioner states that the driver of the vehicle believed the person, who engaged the vehicle, that the rice was authorized to be carried and the route officer would also accompany the vehicle to the unloading point. The driver had no knowledge that the said rice was meant for public distribution system. Therefore, the petitioner approached the 1st respondent-Joint Collector, Krishna at Machilipatnam, by filing an application for release of the vehicle. It is stated that even though the petitioner was inclined to deposit the amount equivalent to the value of the seized stock, the 1st respondent insisted him to deposit a sum of Rs.1,97,775/-. Therefore, the petitioner has filed the present writ petition seeking release of the vehicle on reasonable terms. 4. Admittedly, the proceedings under Section 6-A of the Act have already been initiated against the petitioner. Whether the petitioner was transporting the seized stock with knowledge and connivance of others and whether he is guilty of the offences alleged are all the questions to be decided in an enquiry being conducted under Section 6-A of the Act. So far as release of the vehicle is concerned, the second proviso to Section 6-A of the Act provides that in the case of any vehicle, which may be liable for confiscation, the owner of the vehicle shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity. Having regard to the said provision, I deem it appropriate that the vehicle be released subject to the condition of the petitioner depositing a sum equivalent to the value of the seized stock. 5. In the circumstances, this writ petition is disposed of directing the 1st respondent to release the petitioner’s lorry bearing No.AHF-3535 on condition of the petitioner depositing a sum equivalent to the value of the seized stock as assessed by the 1st respondent and also on filing an undertaking by the petitioner that he will not transfer or alienate the vehicle in question till appropriate final orders are passed by the competent authority pursuant to the proceedings under Section 6-A of the Act and he will produce the vehicle as and when required for the purpose of enquiry. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 20.07.2011. NOTE: Issue C.C. by tomorrow. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.20011 of 2011 20.07.2011 (Msr)