THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.16311 of 2011 Date: 15.06.2011 Between: A. Venkata Ramana … Petitioner and The Joint Collector, Kurnool, Kurnool District and another. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.16311 of 2011 ORDER : Heard Sri K.V. Raghuveer, 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. This writ petition has been filed seeking release of the stock seized while being transported in the lorry bearing No.AP 21 TU 1499, pending the proceedings initiated under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”). 3. The petitioner claims to be a trader in food grains, paddy and rice. It is stated that he sold 680 bags of raw rice, each containing 25 Kgs. to one M/s. Vajravelu of Tamil Nadu State. When the said stock was being transported under valid documents, the Station House Officer of Peddakaduguru Police Station has seized the stock along with the lorry on 14.2.2011. So far as the vehicle is concerned, the petitioner filed W.P.No.9087 of 2011 and this Court by order dated 7.4.2011 directed the release of the said vehicle subject to the petitioner executing a personal bond and also an undertaking not to alienate or alter the features of the vehicle till completion of the proceedings under Section 6-A of the Act. 4. Learned counsel for the petitioner submits that the petitioner has not indulged in any clandestine business and the seized stock was being transported under valid documents. He further submits that though the petitioner filed an application before the 1st respondent seeking release of the stock, the 1st respondent has not passed any orders on the said application. Therefore, he submits that the seized stock be released subject to certain conditions. 5. Learned Government Pleader for Civil Supplies, however, submits that the enquiry has already been initiated under Section 6-A of the Act and the petitioner can as well participate in the said enquiry and defend his case, but the stock seized is not liable to be released even before completion of the enquiry. 6. Indisputably, the stock was seized while being transported to another State. A complaint has been laid under Section 6-A of the Act before the 1st respondent, upon which the 1st respondent is entitled to conduct an enquiry. Therefore, it is not possible to record any finding as to the genuineness of transportation of the stock to the neighbouring State. It is always permissible for the petitioner to participate in the enquiry and establish his case. 7. Learned counsel for the petitioner, however, submits that the enquiry initiated under Section 6-A of the Act is likely to take some time and, in the meanwhile, if the seized stock is sold, the petitioner would suffer grave and irreparable loss. He, therefore, submits that the enquiry itself be directed to be completed within a time frame. 8. Having regard to the said submission and also keeping in view the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the 1st respondent to complete the enquiry proceedings initiated under Section 6-A of the Act as early as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. Till the completion of the enquiry, the stock seized shall not be sold or otherwise disposed of. 9. Subject to the above directions, the writ petition is disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 15.06.2011. NOTE:- Issue C.C. in two days. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.16311 of 2011 15.06.2011 (Msr)