THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.33967 of 2011 Date: 23.12.2011 Between: B. Chencha Rao …. Petitioner And The District Collector (Civil Supplies), Warangal District and others. …. Respondents THE HON'BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.33967 of 2011 ORDER: Heard Sri A. Prabhakar Rao, learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader for Civil Supplies appearing for the respondents and with their consent the writ petition is disposed of at the admission stage. 2. The petitioner claims to be the proprietor of M/s. Aditya Traders, situated at Nekkonda Village and Mandal, Warangal District, holding a licence under the provisions of A.P. Scheduled Commodities Dealers (Licencing, Storage and Regulation) Order, 2008. The 2nd respondent-Grain Purchasing Assistant, Warangal, Warangal District, along with other officials of Civil Supplies Department inspected the house and godown of the petitioner on 13.12.2011 and also the business premises of the petitioner on 14.12.2011 and seized 851.52 quintals of red gram, 43 kgs of ground nut oil and 1.63 quintals of palm oil along with a vehicle DCM Van bearing No.AP 36V 8799 on the ground that there is variation of book balance when compared to the ground balance. A report to that effect was laid before the 1st respondent-District Collector (CS), Warangal District for appropriate action under the Essential Commodities Act, 1955 (for brevity “the Act”). The petitioner filed an application dated 17.12.2011 before the 1st respondent seeking release of the vehicle. As no orders are passed on the said application, the petitioner has filed the present writ petition seeking release of the vehicle. 3. Learned counsel for the petitioner submits that the petitioner has not contravened any of the provisions of the said Control Order and, therefore, the vehicle is not liable to be confiscated. Learned counsel submits that although the vehicle was seized on 13.12.2011, 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 furnishing bank guarantee for a reasonable amount. 4. Indisputably, the petitioner’s vehicle was seized while it was loaded with commodities and the proceedings under Section 6-A of the Act have already been initiated against the petitioner. Whether the petitioner was doing clandestine business 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 13.12.2011 and the petitioner approached the 1st respondent seeking release of the vehicle on 17.12.2011. 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, I deem it appropriate that the vehicle be released subject to the condition of the petitioner furnishing bank guarantee for a sum equivalent to the value of the vehicle. 6. In the circumstances, this writ petition is disposed of directing the 1st respondent to release the petitioner’s DCM Van bearing No.AP 36V 8799 on condition of the petitioner producing bank guarantee for a sum equivalent to the value of the said vehicle 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 eight weeks from the date of receipt of a copy of this order. No order as to costs. 7. In view of disposal of the writ petition, W.P.M.P.No.42259 of 2011 is dismissed as unnecessary. ________________________ JUSTICE NOUSHAD ALI 23.12.2011. NOTE: Issue C.C. by tomorrow. (B/O) Msr THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.33967 of 2011 23.12.2011 (Msr)