THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.4401 of 2010 ORDER: Heard the learned counsel for the petitioner and also Assistant Government Pleader for Civil Supplies representing respondents 1 and 2. In this writ petition, the petitioner has questioned the action of the second respondent in not ordering release of Van bearing No.AP02 X 0260 belonging to the petitioner, seized by the Tahsildar, Vigilance and Enforcement, Anantapur on 09.02.2010. The petitioner stated in the affidavit filed in support of the writ petition that he is the owner of Van bearing No.AP02 X 0260 and while transporting 200 bags of rice meant for public distribution in violation of the provisions of the Andhra Pradesh Public Distribution System Control Order, 2008 (for short ‘the Control Order’) framed under Section 3 of the Essential Commodities Act, 1955 (for short ‘the Act’), the Tahsildar, Vigilance and Enforcement, Anantapur, seized the said vehicle on 09.02.2010. He further stated that the crime was registered against him on 13.02.2010, but so far the vehicle has not been produced before the Magistrate. He also submitted that no proceedings have been initiated under Section 6A of the Act. Under the provisions of the Act, if a person violates the provisions of the Control Order in transporting the essential commodities, the vehicle is liable for confiscation. Though the vehicle was seized on 13.02.2010, there is no reason for not producing the same before the Magistrate for the last above 10 days. In that view of the matter, I deem it appropriate to dispose of the writ petition by directing the second respondent to order release of the above-mentioned vehicle in favour of the petitioner on his furnishing bank guarantee equivalent to the value of the stock seized from the vehicle, which shall be subject to the proceedings to be initiated under Section 6A of the Act. Subject to the above direction, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 26th FEBRUARY, 2010. Note: issue c.c. in four (4) days. kvni