1 VS,J W.P.No.27665 of 2025 APHC010536002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27665/2025 Between: 1. B ALIMUTHU, S/O BHUPAL, AGED 50 YEARS, OCC PROPRIETOR, JJ RICE TRADERS, D.NO.2-118-1, KEELAPATTU H/W, NAGARI, CHITTOOR DISTRICT. 2. M. SUGUNA,, W/O M BALAJI, AGED 46 YEARS. OWNER OF LORRY NO. AP 03 TC 2964, R/O D.NO. 10-290, SALIPETA, SRIKALAHASTHI, TIRUPATI DISTRICT. 3. B. CHANDRAKALA, W/O. B. MURALI KRISHNA, AGED 50 YEARS, OCC BUSINESS, OWNER OF TRACTOR AND TRAILER, R/O. D.NO.7-11, HARIJANAWADA, THANDLAM VILLAGE, RENIGUNTA MANDAL, TIRUPATI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS SECRETARY FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT. 3. THE CIVIL SUPPLIES DEPUTY TAHSILDAR, NARAYANAVANAM MANDAL, TIRUPATI DISTRICT. 4. THE ASSISTANT SUB INSPECTOR OF POLICE, NARAYANAVANAM P.S., TIRUPATI DISTRICT. 2 VS,J W.P.No.27665 of 2025 ...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 may be pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of 4th respondent in seizing 100 bags of raw rice weighing 50 kgs each belong to the 1st petitioner from the mini lorry bearing No. AP 03 TC 2964 belong to the 2nd petitioner and 40 bags of raw rice weighing 50kgs each along with tractor and trailer bearing Nos.APOS TF1957 and AP03 TF1956 respectively belongs to the 3rd petitioner under Panchanama dt.15.09.2025 and registering a case in Crime No.80/2025 on the file of Narayanavanam P.S.as illegal, arbitrary. without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under including the A.P. Targeted Public Distribution System (Control) Order, 2018 and contrary to the law laid down by this Hon'ble Court and set aside the same and direct the respondents not to take any action in pursuance of the illegal seizure and pass IA 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 stock of 100 bags of rice weighing 50 kgs each to the 1st petitioner, the mini lorry bearing No.AP03 TC2964 to the 2nd petitioner and 40 bags of rice weighing 50 kgs each and the tractor and trailer bearing Nos.APOS TF1957 and AP03 TF1956 to the 3rd petitioner forthwith, pending disposal of writ petition and pass Counsel for the Petitioner(S): 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.27665 of 2025 ORDER: The present Writ Petition came to be 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 4th respondent in seizing 100 bags of raw rice weighing 50 kgs each belong to the 1st petitioner from the mini lorry bearing No. AP 03 TC 2964 belong to the 2nd petitioner and 40 bags of raw rice weighing 50kgs each along with tractor and trailer bearing Nos.APOS TF1957 and AP03 TF1956 respectively belongs to the 3rd petitioner under Panchanama dt.15.09.2025 and registering a case in Crime No.80/2025 on the file of Narayanavanam P.S.as illegal, arbitrary. without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under including the A.P. Targeted Public Distribution System (Control) Order, 2018 and contrary to the law laid down by this Hon'ble Court and set aside the same and direct the respondents not to take any action in pursuance of the illegal seizure and pass….” 2. The 1st petitioner herein is a food grains trader under the name and style „JJ Rice Traders‟ and possesses a valid registration certificate under GSTIN:37ASRPA9197K1ZV. The 2nd petitioner is the owner of lorry bearing No.AP03TC2964 and the 3rd respondent is also a trader and owner of tractor and trailer bearing Nos.AP03TF1957 and AP03TF1956 respectively. In the regular course of their business, the 1st and 3rd petitioners purchased 100 bags of raw rice (each bag weighing 50 kilograms) and 40 bags of raw rice from Suguna Traders of Satyavedu vide invoice Nos.18 and 19, dated 14.09.2025 respectively. Subsequent to the said purchase, the 1st petitioner engaged the 2nd petitioner for transporting 100 bags of raw rice and the 3rd respondent has loaded her 40 bags of raw rice to her tractor and trailer. While 4 VS,J W.P.No.27665 of 2025 so, the 4th respondent – Assistant Sub Inspector of Police, Narayanavanam Police Station has intercepted the said vehicles at Venkatapuram village of Narayanavanam mandal on 15.09.2025 and seized the entire stock. Thereafter, the 4th respondent has registered a case against the petitioners in Crime No.80 of 2025 for the offences punishable under Sections 318(4) read with 3(5) of Bharatiya Nyaya Sanhitha and under Section 7(1) of the Essential Commodities Act, 1955. The grievance of the petitioner is that the seized stock of rice is not PDS rice and that the 4th respondent has no power to search or seize the schedule commodities. Aggrieved by the action of the 4th respondent in seizing the aforesaid stock of rice vide panchanama dated 15.09.2025 and registering a case against the petitioners, the present petition is filed. 3. Heard Sri. V. Sudhakar Reddy, learned counsel for the petitioners and learned Assistant Government Pleader for Civil Supplies. 4. During the course of hearing, learned counsel for the petitioners vehemently contended that the respondent is not authorized and competent to seize the stock and vehicle for the alleged offence. Even if the alleged offence is true, as per Clause 20 of the A.P. State Targeted Public Distribution System (Control) Order, 2018 a Police officer not below the rank of Sub-Inspector of Police is competent to seize and register the case for the alleged offence, but not the 4th respondent herein. He further relied on a judgment of this Court in Sri Vigneswara Traders, Komerapudi village, Sattenapallimandal, Guntur district Vs. Circle Inspector of Police, Porumamilla Police Station, 5 VS,J W.P.No.27665 of 2025 Kadapa district and two others1. Hence, requested to allow the present writ petition. 5. On the other hand, learned Assistant Government Pleader has contended that the respondent authorities have strictly adhered to the provisions of the Essential Commodities Act, 1955 and A.P. State Targeted Public Distribution System (Control) Order, 2018 while seizing the aforementioned vehicles and respective stocks of the petitioners. As such, he requested to dismiss the present writ petition. 6. The facts of the writ petition are not in dispute. The question that needs to be answered is whether the 4th respondent – Assistant Sub-Inspector of Police, is competent enough to search and seize the stock/vehicle on reasonable suspicion that the said stock is PDS rice. As such, it would be suffice to refer to Clause 20 of the A.P. State Targeted Public Distribution System (Control) Order, 2018, which reads as under: ““Any officer or person authorized by the State Government or by the District Collector or by Collector (Civil Supplies) the appointing authority or any officer of the Civil Supplies/other State Government departments not below the rank of Revenue Inspector/Checking Inspector/Enquiry Inspector (Civil Supplies), or any Gazetted Officer of Vigilance and Enforcement Department of the State or any officer authorized in this behalf by the State Government not below the rank of a Sub-Inspector of Police, may enter the premises of the fair priceshop or any private premises where the scheduled commodities pertaining to Targeted Public Distribution system or other Government schemes are kept/positioned or found in transit and conduct inspection and seize any stocks of scheduled commodities, supply documents or books, accounts or other related document for the purpose of such inspection/seizure for contravention of the provisions of 1 (2013) 4 ALD 241 6 VS,J W.P.No.27665 of 2025 this Order, Officers of Legal Metrology Department, Team of Social Audit appointed by Commissioner of Civil Supplies are also empowered to inspect the fair price shop premises, in regard to weights and measures.” 7. Having considered the facts and circumstances of the present case and on perusal of the record, this Court is of the opinion that as per Clause 20 (a) of the Control Order, 2018, a Police officer not below the rank of Sub- Inspector of the jurisdictional Police Station is empowered to search and seize the stock/vehicle on a reasonable suspicion that the stock being stored or transported is PDS rice. On such seizure, immediately, the said officer shall inform to the concerned officers for taking appropriate action as per the provisions of the Control Order and under the provisions of the Essential Commodities Act. In the case of Sri Vigneswara Traders (1st supra), this Court observed that the seizure of rice and vehicle on the suspicion that the rice which is being transported in the vehicle was PDS rice by the Head Constable is illegal and without jurisdiction. The said principle of law was also followed by this Court while disposing W.P.No.28403 of 2021 (dated 02.12.2021) and W.P.No.17827 of 2019 (dated 12.11.2019). 8. In view of the above, the seizure of stocks and vehicles of the petitioners by the 4th respondent vide panchanama dated 15.09.2025 is illegal, arbitrary and without authority of law. 9. Accordingly, as the seizure itself is illegal without any jurisdiction, this writ petition is allowed and the respondents are directed to release the entire stocks of rice belonging to petitioner Nos.1 and 3 and the lorry bearing No.AP03TC2964 of the 2nd petitioner and the tractor and trailer bearing 7 VS,J W.P.No.27665 of 2025 Nos.AP03TF1957 and AP03TF1956 of the 3rd petitioner, within a period of two (2) weeks from the date of receipt of a copy of this order, without imposing any condition. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :14.10.2025. Gss