HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.26238 of 2011 Date: 20-9-2011 Between Surepalli Ramu … Petitioner and The Joint Collector (CS Wing), Prakasam district, Ongole and another … Respondents HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.26238 of 2011 Order: Petitioner claims to be the registered owner of a goods vehicle TATA 207 ZYPSY bearing registration No.AP27Y-3960. On being found transporting 21 quintals and 25 kgs., of rice, it was seized by the 2nd respondent i.e. the Food Inspector, Kandukur, Prakasam district under a panchanama dated 25-8-2011, alleging contravention of the provisions of the Andhra Pradesh State Public Distribution System (Control) Order, 2008. The petitioner has, therefore, filed this writ petition to declare the seizure as illegal. 2. Heard Sri I.Koti Reddy, learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents 1 and 2. 3. At the hearing, the learned counsel submits that even though the seizure is challenged as illegal, the petitioner is prepared to furnish bank guarantee for the release of the vehicle and the 1st respondent be directed to release the vehicle pending enquiry. 4. In view of such submission, various contentions raised in the writ petition need not be adjudicated. Admittedly, the 1st respondent has taken cognizance of the alleged offence by initiating proceedings under Section 6A of the Essential Commodities Act, 1955 (for short ‘the Act’). 5. Under the second proviso of Section 6A of the Act, an owner of a vehicle, even in the extreme situation of an order against him for confiscation of the vehicle, shall be given an option to pay, in lieu of the confiscation of the vehicle, a fine not exceeding the market price on the date of seizure of the essential commodity sought to be carried by such vehicle. 6. Having regard to the said provision, I am of the view that detention of the vehicle does not serve any purpose during the pendency of enquiry. 7. In the circumstances as above, I deem it appropriate to dispose of the writ petition, at the stage of admission, directing the 1st respondent-Joint Collector (CS Wing), Prakasam district, Ongole, to release the vehicle bearing registration No.AP27Y-3960 in favour of the petitioner, subject to the condition of the petitioner furnishing bank guarantee for a sum of Rs.50,000/- (Rupees fifty thousand only), being the market price of the seized stock and also on filing an undertaking that he will not alienate the vehicle or otherwise encumber it and produce the same whenever required for the purpose of enquiry. No costs. ___________________ NOUSHAD ALI, J. 20th September, 2011. Note:- Issue C.C. in two days. (B/o) Ak HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.26238 of 2011 20th September, 2011. (Ak)