1 VS, J W.P.No.9227 of 2024 APHC010183052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9227/2024 Between: 1. NAREDLA VENKATESWARA RAO, S/O SRI YESU BABU, AGE- 31 YEARS, OCC- BUSINES, R/O CHINTURU - 507 113, CHINTURU MANDAL, ALLURI SITARAMA RAJU DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, STATE OF ANDHRA PRADESH, REP. BY ITS EX-OFFICIO SECRETARY - CUM - COMMISSIONER OF CIVIL SUPPLIES CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES (CS.I) DEPT.,A.P. SECRETARIAT, VELAGAPUDI - 522 503, GUNTUR DISTRICT 2. THE JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, PADERU - 531 024, ALLURI SITARAMA RAJU DISTRICT 3. THE SUB INSPECTOR OF POLICE, GANGAVARAM P.S., GANGAVARAM - 533 284, ALLURI SITARAMA RAJU DISTRICT 4. THE MANDAL SUPPLY OFFICER, MLS POINT, ADDATHEEGALA - 533 428 ALLURI SITARAMA RAJU DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court 2 VS, J W.P.No.9227 of 2024 may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in returning the seized property of 242 rice bags each containing 47 Kgs pursuant to a case in Crime No. 57 of 2022 of Gangavaram P.S., AlluriSitarama Raju District (Corresponding to CC No. 61 of 2023 of JFCM, Rampachodavaram) even after the case is ended in acquittal vide Calendar Judgment in CC No. 68 of 2023 on the file of the Court of the JFCM, Rampachodavaram, Dated 22-01-2024 as illegal, arbitrary and unjust and consequently direct the respondents to return the seized property of 242 rice bags each containing 47 Kgs pursuant to a case in Crime No. 57 of 2022 of Gangavaram P.S., AlluriSitarama Raju District (Corresponding to CC No. 61 of 2023 of JFCM, Rampachodavaram) in favour of the Petitioner forthwith and pass IA NO: 1 OF 2024 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 may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in returning the seized property of 242 rice bags each containing 47 Kgs pursuant to a case in Crime No. 57 of 2022 of Gangavaram P.S., AlluriSitarama Raju District (Corresponding to CC No. 61 of 2023 of JFCM, Rampachodavaram) even after the case is ended in acquittal vide Calendar Judgment in CC No. 68 of 2023 on the file of the Court of the JFCM, Rampachodavaram, Dated 22-01-2024 as illegal, arbitrary and unjust and consequently direct the respondents to return the seized property of 242 rice bags each containing 47 Kgs pursuant to a case in Crime No. 57 of 2022 of Gangavaram P.S., AlluriSitarama Raju District (Corresponding to CC No. 61 of 2023 of JFCM, Rampachodavaram) in favour of the Petitioner forthwith and pass Counsel for the Petitioner: 1. N SIVA REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES 3 VS, J W.P.No.9227 of 2024 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9227/2024 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in returning the seized property of 242 rice bags each containing 47 Kgs pursuant to a case in Crime No. 57 of 2022 of Gangavaram P.S., AlluriSitarama Raju District (Corresponding to CC No. 61 of 2023 of JFCM, Rampachodavaram) even after the case is ended in acquittal vide Calendar Judgment in CC No. 68 of 2023 on the file of the Court of the JFCM, Rampachodavaram, Dated 22-01-2024 as illegal, arbitrary and unjust and consequently direct the respondents to return the seized property of 242 rice bags each containing 47 Kgs pursuant to a case in Crime No. 57 of 2022 of Gangavaram P.S., AlluriSitarama Raju District (Corresponding to CC No. 61 of 2023 of JFCM, Rampachodavaram) in favour of the Petitioner forthwith.” 2. The case of the petitioner, in a nutshell, is that he is eking out his livelihood by doing rice business. During the course of his business, he used to purchase paddy from ryots, get it milled and sell it to Kirana shops in the agency areas. While so, on 03.11.2022, he engaged a TATA DCM vehicle for transporting 242 rice bags and proceeded from Chinturu to Gangavaram. The police intercepted the said vehicle at Jaggampalem Village, Gangavaram Mandal and seized the stock alleging that the said stocks was PDS rice, and accordingly, they registered a case in Crime No.57 of 2022 of Gangavaram Police Station for the offence under 4 VS, J W.P.No.9227 of 2024 Section 7 (1) of the Essential Commodities Act, 1955 against the petitioner, his son and the driver. After investigation, the Police filed charge sheet before the Judicial Magistrate of First Class, Rampachodavaram and the same was numbered as C.C.No.68 of 2023. After conducting a full-fledged trial, the learned Magistrate found the accused not guilty and acquitted them vide his Judgment dated 22.01.2024. The said judgment became final as no appeal has been preferred so far. Thereafter, the petitioner filed a petition under Section 452 Cr.P.C. on 05.03.2024 before the learned Magistrate, seeking release of seized rice. But, the said petition was returned on the ground that the said petition is not maintainable as the court has no jurisdiction to entertain such petition filed under Section 6-A of the Essential Commodities Act, 1955. The grievance of the petitioner is that despite acquittal in the criminal case, the seized stock has not been released so far. Aggrieved by the said action, the present writ petition came to be filed. 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. Learned counsel for the petitioner would submit that despite acquittal of the petitioner in the criminal case, the respondents did not choose to take any steps for release of the seized rice. He further submits 5 VS, J W.P.No.9227 of 2024 that since the seized stock is perishable item, the petitioner sought the said stock to be released, despite his acquittal in the criminal case. 5. Today, when the matter came up for hearing, the learned Assistant Government Pleader for Civil Supplies placed on copies of written instructions in Rc.No.35/2022/CS/ASR, dated 30.12.2025 and 31.12.2025, wherein it is stated that the Joint Collector (CS)-cum- Additional District Magistrate, Alluri Seetharama Raju District has disposed 6-A proceedings, on 21.06.2024 and passed orders for confiscation of the entire stock of PDS rice to the Government seized in the present case, while imposing fine of Rs.5,000/- to the owner of the vehicle in lieu of confiscation of the vehicle. A copy of the orders passed in the said proceedings is annexed to the instructions. 6. On the other hand, the learned Assistant Government Pleader for Civil Supplies submits that no appeal has been preferred against the said confiscation orders and in the absence of any appeal, the said orders of confiscation became final. 7. Having perused the material on record and considering the submissions of the learned Assistant Government Pleader for the respondents, this court is of the view that in fact, the criminal case in C.C.No.68 of 2023 filed against the petitioner and others was ended in acquittal as the prosecution failed to prove the guilt of the accused beyond reasonable doubt. However, after the case ended in acquittal, the 6 VS, J W.P.No.9227 of 2024 petitioner made an application seeking release of the seized stock, but, the court below returned the said petition on the ground that the said petition is not maintainable before the Criminal Court as it has no jurisdiction to entertain such a petition filed under the provisions of Essential Commodities Act, 1955. However, as seen from the copy of the orders passed by the 2nd respondent-Joint Collector, Alluri Seetharama Raju District, it shows that despite acquittal of the criminal case, the Joint Collector, having found that the petitioner has contravened the provisions of the Essential Commodities Act, 1955, disposed of the 6-A proceedings and ordered confiscation of the entire stock of PDS rice to the Government, while imposing a fine of Rs.5,000/- on the owner of the vehicle in lieu of confiscation of the vehicle. If the person is aggrieved by the order of confiscation, he may prefer appeal as provided under Section 6(C) of the Essential Commodities Act. 8. At this stage, it is relevant to refer the provision of Section 6C of the Essential Commodities Act, which reads as under:- “[6C.Appeal.--(1) Any person aggrieved by an order of confiscation under section 6A may, within one month from the date of the communication to him of such order, appeal to any judicial authority appointed by the State Government concerned and the judicial authority shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against.” 7 VS, J W.P.No.9227 of 2024 9. A perusal of the provision extracted above makes it clear that if any person is aggrieved by the order of confiscation under Section 6A of the Act, the aggrieved person can prefer appeal under Section 6C of the Act within one month from the date of the communication of the order to him. 10. In the circumstances of the case and in the light of the proceedings of the 2nd respondent-Joint Collector, this court is of the view that since the seized stock has already been confiscated to the Government, the relief as sought for cannot be granted. Instead, since the proceedings of the 2nd respondent-Joint Collector has already provided remedy of appeal against the order of confiscation dated 21.06.2024, the petitioner is at liberty to avail such remedy of appeal as against the order dated 21.06.2024 whereby confiscation of the seized rice was ordered. 11. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail remedy of appeal against the proceedings in Rc.No.35/2024/SA/ASR dated 21.06.2024 passed by the 2nd respondent- Joint Collector, Alluri Seetharama Raju District, in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date:31.12.2025 JLV 8 VS, J W.P.No.9227 of 2024 225 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9227/2024 Date: 31.12.2025 JLV