PDS rice is being transported and seized the vehicle under Occurrence report. =basing on occurrence report, crime was registered against the petitioner and vehicle has been seized, the 3rd respondent is directed to release the petitioner’s vehicle vide Registration No.AP 39 W 4698 who is said to be owner of the vehicle, on condition of the petitioner furnishing self bond for the amount equivalent to the value of the vehicle to the respondents with an undertaking that they will not alienate, alter, mortgage or create any third party right in respect of the vehicle in question and he shall produce the vehicle as and when required by the authorities

 PDS rice is being transported and seized the vehicle under Occurrence report. =basing on occurrence report, crime was registered against the petitioner and vehicle has been seized, the 3rd respondent is directed to release the petitioner’s vehicle vide Registration No.AP 39 W 4698 who is said to be owner of the vehicle, on condition of the petitioner furnishing self bond for the amount equivalent to the value of the vehicle to the respondents with an undertaking that they will not alienate, alter, mortgage or create any third party right in respect of the vehicle in question and he shall produce the vehicle as and when required by the authorities

AP HIGH COURT

Main NumberWP 14468/2020SR NumberWPSR 17881/2020
PetitionerBandaru Appala Ganesh,RespondentThe State of Andhra Pradesh
Petitioner AdvocateS.V.S.S.SIVA RAMRespondent AdvocateGP FOR REVENUE

HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

WRIT PETITION No. 14468 of 2020

ORDER :

This writ petition is filed under Article 226 of the

Constitution of India seeking to issue writ of Mandamus

directing the 3rd respondent to release the petitioner’s vehicle

bearing Registration No.AP 39 W 4698.

Heard learned counsel for petitioner; learned

Government Pleader for Civil Supplies for R-1 and R-2 and

learned Government Pleader for Home for R-3.

The brief facts of the case are that on 11.08.2020, while

certain goods were being transported in the petitioner’s

vehicle the 3rd respondent along with his staff stopped the

vehicle alleging that PDS rice is being transported and seized

the vehicle under Occurrence report. A case in crime No.709

of 2020 was registered by the 3rd respondent for the offence

under Section 7(1)A of the Essential Commodities Act and the

seized vehicle was kept in safe custody.

The contention of the learned counsel for petitioner is

that the petitioner is innocent and the allegations are false

and truthless and that he has given his vehicle on hire and

sought for release of the vehicle.

Learned Government Pleader for Home states that

serious allegations are made against the petitioner and

opposed for release of the vehicle, but he requested the court 

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in the event of release of the vehicle, some conditions may be

imposed.

Considering the submissions of both the counsel, since

basing on occurrence report, crime was registered against the

petitioner and vehicle has been seized, the 3rd respondent is

directed to release the petitioner’s vehicle vide Registration

No.AP 39 W 4698 who is said to be owner of the vehicle, on

condition of the petitioner furnishing self bond for the amount

equivalent to the value of the vehicle to the respondents with

an undertaking that they will not alienate, alter, mortgage or

create any third party right in respect of the vehicle in

question and he shall produce the vehicle as and when

required by the authorities.

With the above observations, the writ petition is

disposed of. No costs.

Miscellaneous applications pending if any, shall stand

closed.

 ______________________________

JUSTICE D.V.S.S.SOMAYAJULU

24.08.2020

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HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

WRIT PETITION No. 14468 of 2020

(disposed of )

24.08.2020

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