APHC010379052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 19265/2024 Between: Mokshith Impex ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following order: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in seizing 820 bags of raw rice each weighing 25kgs and 14 bags of broken rice each weighing 50 Kgs belongs to the petitioner under a cover of Panchanama, dt.10.02.2024 from the mill of the petitioner and the consequential order in Rc.B2.62/2024 dt.15.07.2024 passed by the 2nd respondent rejecting the petition filed by the petitioner for release of seized rice and ordering to sell the same through public auction and further directing the petitioner to produce bank F.D.R for an amount of Rs. 5,000/- for release of broken rice as illegal, arbitrary, without any authority of law and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under including the A.P. State Targeted Public Distribution System (Control) Order, 2018 and consequently direct the respondents to release the 2 seized stock to the petitioner and not to take any action in pursuance of the illegal seizure and pass such other orders as may be deem fit and proper in the circumstances of the case.” 2. The petitioner is doing rice business by purchasing rice from whole sale traders. On 08.02.2024, the petitioner has purchased 820 bags of rice from M/s. S.V. Impex, Chennai, vide Invoice No.213/2023- 24 and transported the same to a Mill through lorry No.AP 07 TF 2829. The 3rd respondent has seized the stock on 10.02.2024 without collecting samples for analysis. The 3rd respondent has submitted a report under Section 6-A of the Essential Commodities Act to the 2nd respondent. Seeking release of the seized rice, the petitioner filed a petition before the 2nd respondent stating that the seized rice is not PDS rice. The 2nd respondent has rejected the petition on 15.07.2024 and ordered for sale of the seized rice through public auction. 3. Learned counsel for the petitioner contends that the rice was taken out of the Essential Commodities Act by way of an order passed by the Ministry of Consumer Affairs, Food and Public Distribution, Government of India, New Delhi, in G.S.R.104 (E), dated 15.02.2002, issued in exercise of the powers conferred by Section 3 of the Act. Therefore, the rice is not an essential commodity and no action under Section 6-A of the Act can be initiated. 3 4. Learned Assistant Government Pleader submits that in case the Court is inclined to give a direction to release the stock, condition may be imposed for furnishing bank guarantee for the amount equivalent to the value of the stock. 5. When the petitioner has clearly stated that he has purchased the rice through a valid invoice, the respondents, without sending the samples for analysis, cannot sell the seized rice in public auction. Since the disposal of 6-A proceedings would take further time and as the seized rice is perishable in nature, this Court feels it appropriate to dispose of the writ petition by directing the 2nd respondent to release the seized stock on furnishing personal bond or third party immovable property as security equivalent to the value of seized stock to the satisfaction of the concerned authority, with an undertaking that the property will not be alienated or subject to any kind of charge over the property pending disposal of proceedings under Section 6-A of the E.C. Act. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ SMT JUSTICE SUMATHI JAGADAM Date : 25.03.2025 SPP 5 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO.19265 of 2024 Date : 25.03.2025 SPP 6