THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.17496 of 2010 ORDER: In this writ petition, petitioner questioned the proceedings bearing Rc.No.CS1/6A/90/2010, dated 14.07.2010 issued by the first respondent. The petitioner claims that he is the owner of lorry bearing No.AP16 TU 1259, which was seized on the ground that it was used for transporting 225.50 quintals of rice pertaining to Public Distribution System worth about Rs.45,100/- in contravention of the Andhra Pradesh State Public Distribution System (Control) Order, 2008 framed under the Essential Commodities Act, 1955 (for short ‘the Act’). Pursuant to the seizure of essential commodities along with the lorry, the matter was reported to the first respondent and based on the same, proceedings were initiated under Section 6-A of the Act. When the petitioner made a representation for release of the aforesaid lorry, the first respondent by the impugned proceedings, ordered to release the lorry to the petitioner, who is its owner, on giving bank guarantee for Rs.2,50,000/- from a nationalized bank for a period of three (3) years. It is to be noted that the petitioner is not claiming essential commodities. So far as the vehicle is concerned, in view of the second proviso to Section 6-A(1)(c) of the Act, an option is to be given to the owner of the vehicle to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried by such vehicle. In view of the same, the vehicle in its entirety cannot be confiscated and in lieu of such confiscation, option is provided to the owner of the vehicle to pay penalty equivalent to the value of the commodity, which was being carried in the vehicle. Therefore, there is no reason to order the petitioner for furnishing bank guarantee to the tune of Rs.2,50,000/- from a nationalized bank for a period of three (3) years. For the aforesaid reasons, the impugned proceedings are set aside to the extent of ordering release of the vehicle in question and there shall be a direction to the first respondent to release the vehicle to the petitioner on furnishing bank guarantee for Rs.45,100/- from a nationalized bank for a period of one year. The bank guarantee to be furnished by the petitioner shall be subject to final orders to be passed under Section 6-A of the Act. The petitioner shall not alienate or transfer the said vehicle till appropriate final orders are passed in such proceedings. There shall be a further direction to the first respondent to pass final order in the proceedings initiated under Section 6-A of the Act, within a period of six (6) months from the date of receipt of a copy of this order. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 21st JULY, 2010. Note: issue c.c. in three (3) days. kvni