THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 4336 of 2007 06-03-2007 Between:- M/s. Hanuman Traders, Wholesale pulses dealers, Peddapuram, East Godavari district, Rep., by its Proprietor Vemula Hanuman. Petitioner And The District Collector (Civil Supplies), East Godavari district at Kakinada. Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 4336 of 2007 Oral order: On 15-02-2007 the petitioner’s premises was inspected on an apprehension of violation of the Andhra Pradesh Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982 (for short ‘the Control Order’). According to the license, the petitioner is permitted to sell stocks by storing them in premises bearing Door Nos.6- 18-2, 6-4-19 in Malireddivari Street, Peddapuram. During the inspection on 15-02-2007, however it was found that stocks were also stored in premises bearing door No.6- 18-2A. The records also reveal that some of the stocks were kept at Central Wear Housing Corporation, Rajahmundry. On the ground that the stocks were stored in unauthorized premises and certain other irregularities were also noticed as have been mentioned in the mediator’s report, the stocks stored in the unauthorized premises were seized and proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) has been lodged. The petitioner, on 17-02-2007 applied for release of the seized commodities. That the value of the seized stocks is Rs.31,18,425-00 is not disputed. The respondent, by the order impugned dated 20- 02-2007 responding to the petitioner’s application dated 17-02-2007 for release of the seized stocks, ordered release of the stocks on the petitioner furnishing a bank guarantee for Rs.31,18,425-00. The learned counsel for the petitioner urges that the petitioner does not have the financial capacity to furnish bank guarantee for the above amount i.e., full value of the stocks seized and that he has an excellent defence to the proceedings initiated under Section 6-A of the Act. In view of his financial position, the respondent may be directed to release the seized stocks on furnishing bank guarantee at 50% of the value of the seized commodities, is the relief sought. In view of the fact that a case under Section 6-A of the Act has been initiated against the petitioner for violation of the terms of the license, there is a potentiality of the entire seized stocks being confiscated, depending upon the assessment of the record of the proceedings. It is premature to assume that the petitioner’s defence would pass muster and the case initiated against him under Section 6-A of the Act would be dismissed. The respondent has exercised the discretion within the spectrum of his jurisdiction and has directed furnishing of bank guarantee for the full value of the seized stocks. This court discerns no perversity in the order impugned. This Court is not constituted as an appellate authority on the discretion of the respondent. On the aforesaid analysis, there are no merits. The writ petition is dismissed after hearing the learned Government Pleader for Civil Supplies. No costs. ____________________ GODA RAGHURAM, J Dated:06-03-2007 Pvks/* Nb: Furnish c.c. tomorrow. B/o pvks/*