1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 76 OF 2025 Between: Sangana Iswarya, W/o S.Naresh, Aged 26 years. Owner of Car Bearing No. AP39 QP6214, R/o D.No. 11-33-921/3, Vengala Rao Nagar, Kavali, SPSR Nellore District, A.P. ...Petitioner AND 1. The State of A.P., Rep. by its Secretary, Food, Civil Supplies and Consumer Affairs Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Collector (CS), Nellore, SPSR Nellore District. 3. Sub-Inspector of Police, Ulavapadu P.S., SPSR Nellore District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of 3rd may respondent in seizing KIA Car bearing No.AP39 QP6214 belongs to the petitioner and registering a case in Crime No. 161/2024 P.S. as illegal, arbitrary and violative of the on the file of 3rd respondent provisions of the Essential Commodities Act, 1955 and the Orders made there under and set aside the same and consequently direct the respondents not to take any action in pursuance of the illegal seizure. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the seized KIA Car bearing NO.AP39 QP6214 to the petitioner, pending disposal of writ petition. Counsel for the Petitioner: SRI. V SUDHAKAR REDDY Counsel for the Respondent Nos. 1&2: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.3: GP FOR HOME The Court made the following order: APHC010606472024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] i THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 76/2025 Between: ...PETITIONER Sangana Iswarya AND ...RESPONDENT(S) The State of A.P. and Others Counsel for the Petitioner: 1.VSUDHAKAR REDDY Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR CIVIL SUPPLIES The Court made the following Order: This writ petition is filed under Article 226 of Constitution of India seeking the following relief; “...to issue an order, direction or writ, more particularly one in the nature respondent in seizing KIA Car bearing No.AP39 QP6214 belongs to the petitioner and registering a case in Crime rd of writ of Mandamus declaring the action of 3 2 W.P.No.76 of 2025 No.161/2024, on the file of the 3'"^ respondent P.S. as illegal, of the Essential arbitrary and violative of the provisions Commodities Act, 1955 and the Orders made there under and set aside the same and consequently direct the respondents not to take any action in pursuance of the illegal seizure and to pass... The case of the petitioner is briefly as follows; 02. One N.Pulla Reddy, maternal uncle of petitioner’s husband was doing business in scrap iron and he utilizes the services of petitioner s husband to purchase and transport the scrap iron. While so N.Pulla Reddy instructed petitioner’s husband to go to on 06.12.2024, Singarayakonda, for purchase of scrap iron and get it transported to Kavali. As such, petitioner’s husband started in a KIA car bearing QP6214 along with his friends to Singarayakonda and NO.AP39 stopped the car at Guna Hotel, Ulavapadu located on the National Highway-16 for lunch. At that time, the Sub-Inspector of Police, Ulavapadu/the 3'"' respondent herein came there and highhandedly seized the petitioner’s car under a cover of panchanama dated 06.12.2024 stating that they were going ahead of the lorry load of rice, respondent got prepared the panchanama as he liked and The 3' forcibly obtained the signatures of petitioner’s husband and his friends. The petitioner purchased the said car from ASI namely Dasari Ram Pratap and got it transferred in her name on 21.11.2024 and by the sticker with a word ‘police’ affixed oversight she could not remove on rear side glass of the car. Though no essential commodity was respondent, using his police power, and booked a case U/sec.6-A of the carried in the car, the 3 highhandedly seized the car 3 W.P.No.76of 2025 Essential Commodities Act, 1955. Thus, this writ petition was filed for release of the vehicle. The learned counsel for the petitioner submitted that though the vehicle of the petitioner had not been carrying any contraband nor it was in any way connected to carriage of the contraband, merely on suspicion, basing on the alleged confession/statement, the vehicle was seized by the police. He further stated that the vehicle had been taken into custody neither by the Joint Collector nor by any court of Magistrate and the same is still kept in the custody of the 3'^'^ respondent’s police station. He further stated that if the vehicle is kept idle and exposed to the sun and rain, it would get ruined and therefore, it may be ordered to be released on certain conditions. The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions of the Station House Officer, Ulavapadu Police Station, SPSR Nellore District, dated 09.01.2025 and stated that the vehicle is still in the custody with the police. Though the vehicle was seized on 06.12.2024, still the custody of the vehicle has not been given to the Joint Collector or any other Court. In the light of the contentions of the petitioner regarding prima facie non establishment of involvement of the vehicle in the alleged offence, without going into the merits, the vehicle can be ordered to be released subject to certain conditions. Admittedly, the vehicle carries a sticker with the word ‘police’ on its rear side and the same shall not be allowed. In result, the writ petition is disposed of with the following 03. 04. 05. 06. directions; 4 W.P.No.76 of 2025 The concerned respondent authority shall release the vehicle i.e., KIA car bearing No.AP39 QP6214 to the petitioner furnishing personal or third party immovable property as security equivalent to the value of the seized vehicle, to the satisfaction of the concerned authority, along with undertaking that the property secured shall not be alienated or subjected to any charge over the property, pending disposal of proceedings under Section Commodities Act, 1955, whereupon the concerned authority shall forthwith intimate the acceptance of the security and the undertaking to the concerned District Registrar or Sub- Registrar, as the case may be, for their record purpose, ii. The 3'^ respondent is directed to forthwith get the sticker with the word ‘police’ on the vehicle removed. i. on an 6-A of the Essential There shall be no order as to costs. Pending miscellaneous applications, if any. shall stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR J //TRUE COPY// SE To, 1. The Secretary, Food, Civil Supplies and Consumer Affairs Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Collector (CS), Nellore, SPSR Nellore District. 3. Sub-Inspector of Police, Ulavapadu P.S., SPSR Nellore District. 4. One CC to Sri. V Sudhakar Reddy Advocate [OPUC] 5. Two CCs to GP for Civil Supplies, High Court Of Andhra Pradesh. [OUT] 6. Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATED:09/01/2025 ORDER WP.No.76 of 2025 X 17 JAN 2025 ! & . Current Section disposing of the wp WITHOUT COSTS