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2025 DAILYLAW 20502 (AP)

VEMALA APPALA NAIDU v. THE STATE OF ANDHRA PRADESH

WP/14640/2025 · 2025-06-19

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010287662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14640/2025 Between: Vemala Appala Naidu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. 2 The Court made the following order: The petitioner claims that he is the owner of the Auto bearing registration No. AP 39 VB 8776. It is further case of the petitioner that, on 10.03.2025, the 3rd respondent-Assistant Supply Officer, along with staff, intercepted the vehicles and upon search, it was found that the subject Auto was transporting PDS rice without proper invoices and accordingly, the said Auto was seized. Thereafter, 3rd respondent submitted a report to the 2nd respondent for initiation of proceedings under Section 6-A of EC Act, 1955. It is further case of the petitioner that he made application before the 2nd respondent- Joint Collector seeking to release the subject vehicle and after hearing, the 2nd respondent issued a memo dated 09.05.2025, whereunder directed to release the subject vehicle on condition that petitioner to furnish bank guarantee for an amount of Rs.5,00,000/-. Questioning the said order, the present writ petition is filed. 2. Learned counsel for the petitioner submits that the petitioner is ready to furnish third party security towards the value of the subject vehicle instead of furnishing bank guarantee. Learned counsel for the petitioner, in support of his contentions, placed reliance on order dated 15.02.2022 passed in Writ Appeal No.201 of 2022. In the said appeal, the Division Bench of this Court while disposing of the 3 matter, directed the appellants therein to furnish third party immovable property security to the value of the vehicle. 3. Learned Assistant Government Pleader did not dispute the same. 4. Having considered the submissions made by the learned counsel for the petitioner, the present writ petition is disposed of, directing the respondents to release the subject vehicle, on furnishing third party immovable property security for an amount of Rs.5,00,000/- (Rupees Five Lakhs Only) by the petitioner. The petitioner is further directed to file undertaking before the respondents that he shall not alienate or create third party interest over the subject vehicle during pendency of the 6-A proceedings. It is needless to mention that the said undertaking shall also contain a recital that the petitioner shall not substantially alter or change the condition of the subject vehicle. There shall be no order as to costs. As a sequel, Miscellaneous applications pending, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Dated: 20.06.2025 ANS 4 As a sequel, Miscellaneous applications pending, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR Dated: 20.06.2025 ANS 5 290 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14640/2025 Dated: 20.06.2025 ANS