THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22869 of 2011 Date: 12.08.2011 Between: G. Kasaiah … Petitioner and The State, rep.by the District Collector, Prakasam District at Ongole and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22869 of 2011 ORDER : Heard Sri V.R. Avula, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Civil Supplies appearing for the respondents, and with their consent the writ petition is being disposed of at the admission stage. 2. The petitioner’s lorry bearing registration No.AP-16T- 0445 (Ashok Leyland) was seized by the 3rd respondent-Revenue Divisional Officer, Markapur, Prakasam District, as it was found being filled with kerosene at Fair Price Shop No.17 under a panchanama dated 25.7.2011. The said kerosene is meant for distribution to the card holders. A report to that effect was laid under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”) before the 2nd respondent-Joint Collector, Prakasam District, alleging contravention of the provisions of the Act. The petitioner filed an application dated 1.8.2011 before the 2nd respondent seeking release of the vehicle stating that he was not aware that purchasing of kerosene from a Fair Price Shop is an offence. Since the 2nd respondent is not inclined to release the vehicle, the petitioner has filed the present writ petition. 3. There is no dispute that the kerosene purchased from the Fair Price Shop was 30 litres. But, according to the petitioner, the driver of the vehicle was ignorant of the fact that purchase of kerosene from the Fair Price Shop is opposed to law. Learned counsel for the petitioner contended that the petitioner is prepared to cooperate with the enquiry and establish his innocence. It is, however, contended that no useful purpose would be served by detaining the vehicle during the pendency of the proceedings under Section 6-A of the Act. Therefore, the learned counsel seeks that the 2nd respondent be directed to release the vehicle on reasonable terms. 4. In the circumstances, this writ petition is disposed of directing the 2nd respondent to release the petitioner’s lorry bearing No.AP-16T-0445 on condition of the petitioner depositing a sum of Rs.5,000/- (Rupees five thousand only) and also on filing an undertaking 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 would cooperate with the enquiry and would produce the vehicle as and when required for the purpose of enquiry. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 12.08.2011. NOTE: Issue C.C. in two days. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22869 of 2011 12.08.2011 (Msr)