THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.30507 of 2010 Date : 6-12-2010 Between : M/s.Sharmista Traders represented by its Proprietor R.Veera Venkata Ratnam And another .. Petitioners and The Joint Collector, East Godavari District and others .. Respondents Counsel for petitioners : Sri Palle Nageswar Rao Counsel for respondents : Assistant Government Pleader for Revenue The court made the following : ORDER: This Writ Petition is filed for a mandamus to direct respondent No.2 to release lorry bearing No.AP-5U-3006 along with 100 bags of sugar to the petitioners. Petitioner No.1 is the owner of 100 bags of sugar and petitioner No.2 is the owner of the lorry, which was found transporting the said sugar. When the lorry reached a place between Chintapalli and Sivakodu of Razole Mandal, East Godavari District, the same was intercepted and seized by the Tahsildar, Razole along with Assistant Commercial Tax Officer and seizure report was sent to respondent No.1. In the mediator’s report it is stated that the driver has shown the photo-stat copy of credit bill pertaining to the goods issued by the sugar traders at Hyderabad in favour of petitioner No.1 apart from the documents relating to the lorry and driving licence. It is stated that on suspicion of illicit transport of sugar whose value is estimated at Rs.2,85,000/- both the sugar and the lorry were seized. The petitioners approached respondent No.1 with application dated 26-11-2010 for release of the seized goods and the lorry. The petitioners have pleaded that so far no orders have been passed by respondent No.1. The facts referred to above would prima facie show that the consignment is covered by proper documents such as credit bill, invoice and lorry freight receipt. No specific allegations are discernable from the mediator’s report. However, inasmuch as proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short, “the Act”) are evidently initiated, it is not proper to express a final opinion in this regard. Having regard to the above facts of the case, I deem it appropriate that the seized sugar along with the lorry shall be released to the petitioners subject to their furnishing bank guarantee to the extent of 50% of the value of the sugar i.e., Rs.1,43,000/-. The furnishing of the bank guarantee shall be subject to the result of the proceedings under Section 6-A of the Act. Petitioner No.2 shall not alienate or encumber the lorry in any manner till the completion of the proceedings under Section 6-A of the Act. Subject to the above directions, the Writ Petition is disposed of. ________________________ Justice C.V.Nagarjuna Reddy Date : 6-12-2010 Note: Furnish copy by tomorrow. AM