THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.24484 of 2011 Date: 30.08.2011 Between: T. Kishan Singh … Petitioner and The Joint Collector (CS), Karimnagar District, Karimnagar and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.24484 of 2011 ORDER : Heard Sri K. Venumadhav, 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 is the owner of Auto bearing No.AP 1U 9678. The said auto was seized by the 3rd respondent-Mandal Revenue Inspector-I, Ramagundam Mandal, Karimnagar District, under panchanama dated 26.12.2010 on the ground that it was found transporting kerosene. Based on a report submitted in that regard, the 1st respondent-Joint Collector (Civil Supplies), Karimnagar District, initiated action for confiscation of the vehicle under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”). The petitioner filed a petition dated 16.3.2011 before the 1st respondent seeking release of the vehicle. As no orders are passed on the said petition, the petitioner has filed the present writ petition seeking release of the vehicle. 3. Learned counsel for the petitioner submits that the petitioner had no knowledge about the transportation of kerosene by the driver, who is engaged on hire basis and, therefore, the vehicle is not liable to be confiscated. Learned counsel submits that although the vehicle was seized on 26.12.2010, the 1st respondent has not taken any steps to finalise the enquiry proceedings. He, therefore, submits that the vehicle be directed to be released subject to the petitioner depositing a reasonable amount. 4. Indisputably, the petitioner’s vehicle was seized while transporting kerosene and the proceedings under Section 6-A of the Act have already been initiated against the petitioner. Whether the petitioner was transporting the seized kerosene with knowledge or whether he is innocent of the offence alleged are all the questions to be decided in an enquiry being conducted by the competent authority under Section 6-A of the Act. It is true that the vehicle was seized on 26.12.2010 and the petitioner approached the 1st respondent seeking release of the vehicle. Therefore, the 1st respondent ought to have taken steps for expeditious disposal of the enquiry. 5. Under Section 6-A of the Act, any essential commodity seized for contravention of the provisions of the A.P. State Public Distribution System (Control) Order, 2008 and the vehicle used for carrying such commodity are liable to be confiscated. However, insofar as 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 and the fact that the vehicle of the petitioner has been detained for quite a long time, 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. 6. In the circumstances, this writ petition is disposed of directing the 1st respondent to release the petitioner’s Auto bearing No.AP 1U 9678 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. The 1st respondent is also directed to conclude the enquiry and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 30.08.2011. NOTE: Issue C.C. in three days. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.24484 of 2011 30.08.2011 (Msr)