THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.22108 of_2005 Dated:16.10.2006 Between B.S.Ramanjaneyulu …..Petitioner and 1.The District Collector, Chittoor and others. …Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.22108 of_2005 ORDER: This writ petiton is filed seeking Certiorari to call for the records relating to the Criminal Appeal No.199 of 2003 dated 20.07.2005 on the file of the District and Sessions Judge, Chittoor and quash the same as illegal and arbitrary. It appears that the petitioner is the owner of the rice mill. On 26.12.1998, the premises of the petitioner was inspected by the Inspector of Police flying squad, Tirupathi. On that day, the petitioner was out of station. On demand, his mother opened the office room for verification of records. After verifying the same, the Inspector of Police found variation between the book stock and physical stock as mentioned below. Sl.No. Commodity Book stock Physical stock Variation Remarks 1. Groundnut pod 4029 kgs. 40 kgs 3985 kgs shortage 2. Groundnut seed 14160 kgs 18800kgs 4640 kgs Excess 3. Groundnut Oil 3270 kgs 2980 kgs 290 kgs Shortage 4. Groundnut cake 6276 kgs 11200 kgs 4924 kgs Excess Thereafter, the stocks were seized and 6-A proceedings were initiated. In the said proceedings, the Joint Collector directed confiscation of 50% of the seized stock. Aggrieved by the same the petitioner carried the matter in appeal under Section 6 ( C ) of the Essential Commodities Act (for short ‘the Act’) before the learned District and Sessions Judge, Chittoor in Criminal Appeal No.199 of 2003. The learned district Judge, through his order dated 20.07.2005, confirmed the order passed by the Joint Collector under Section 6-A of the Act. Aggrieved by the same, the present writ petition is filed. There is no necessity to go into all the details. The seizure of the goods i.e., ground nut pod, groundnut seed, groundnut oil and groundnut cake were effected on 26.12.1988. The petitioner, all through, pleaded that there is no restriction on movement of groundnut and also groundnut products from 1985 and Government itself has removed the restriction. In fact, under similar circumstances, a writ petiton was filed before this Court and the same was allowed holding that the Government has no power for seizure of groundnut and ground nut products. In a reported Judgment this Court in District Collector, Chittoor v. Chittoor District Groundnut Traders’ Association[1] held that there is no restriction on movement of groundnut seeds and oil . Further, the same was confirmed by the Apex Court in District Collector, Chittoor v. Chittoor District Groundnut Traders’ Association.[2]. As on the date of seizure of the stocks i.e., 26-12- 1988, absolutely, there was no restriction on movement of ground nut etc; thus there was no power vested with the respondents for seizing the stocks and initiating action under Section 6-A of the Act. In view of the above, the writ petiton is liable to be allowed and is accordingly allowed. In the result, 6-A proceedings passed by the Joint Collector as confirmed in Criminal Appeal No.199 of 2003, dated 20.7.2005 on the file of the learned District & Sessions Jduge, Chittoor are quashed as arbitrary and illegal. No cost.s __________ 16-10-2006 rkk [1] AIR 1988 AP 317 [2] 1989 (2) SCC 58