AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Sri K.Venumadhav, learned counsel appearing on behalf of the petitioner, the learned Assistant Government Pleader for Civil Supplies, appearing on behalf of the respondent Nos.1, 2 & 4 and the learned Assistant Government Pleader for Home, appearing on behalf of the respondent No.3.
The petitioner approached the Court seeking prayer as under:
"...to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents authorities in seizing the vehicle i.e., GJ 01 BV 3403 by registering a F.I.R No. 582 of 2026 dated 14.07.2026 and not releasing the said vehicle in favour of the petitioner, even though the petitioner had not committed any irregularities or illegalities is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India the same maybe set aside Consequently direct the respondents authorities to release the vehicle i.e., GJ 01 BV 3403 in favour of the petitioner which is seized by registering a F.I.R No. 582 of 2026 dated 14.07.2026 and to pass."
The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present writ petition is as under: The petitioner is the owner of Vehicle bearing Registration No. GJ 01 BV 3403, and had purchased the subject vehicle by availing financial assistance from friends and family. The petitioner has been using the subject vehicle for transportation of goods on hire. On 14.07.2026, while the vehicle was transporting a consignment of rice, respondent No.3, along with police officials, intercepted and inspected the vehicle. Alleging that the rice appeared to be Public Distribution System (PDS) rice, the authorities seized both the rice and the vehicle. Thereafter, by registering F.I.R. No.582 of 2026 dated 14.07.2026, the vehicle was taken into custody and kept under the custody of respondent No.3. The continued detention of the vehicle has deprived the petitioner's livelihood. Aggrieved by the same, the petitioner had approached this Court by filing the present Writ Petition.
PERUSED THE RECORD:
DISCUSSION AND CONCLUSION:
Learned counsel appearing on behalf of the petitioner submits that the petitioner is only seeking release of Vehicle bearing Registration No. GJ 01 BV 3403, which had been seized in connection with F.I.R. No.582 of 2026 dated 14.07.2026, under Section 318 (4) of BNS, 2023 and Section 7 of Essential Commodities Act, 1955. The learned counsel appearing on behalf of the petitioner further contends that under similar circumstances, this Court passed order in favour of petitioner thereunder in W.P. No.2405 of 2026 vide its order dated 28.01.2026 and therefore, the petitioner herein is entitled for similar relief as extended to the petitioner in W.P. No.2405 of 2026, dated 28.01.2026.
The learned Assistant Government Pleader for Civil Supplies, appearing on behalf of the respondent Nos.1, 2 & 4 and the learned Assistant Government Pleader for Home, appearing on behalf of the respondent No.3 do not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.
Taking into consideration the submission of the learned counsel appearing on behalf of the petitioner that under similar circumstances, this Court disposed of W.P. No.2405 of 2026, dated 28.01.2026 had passed orders in favour of the petitioner thereunder, and duly considering the said order, the present writ petition is also disposed of in terms of the order of this Court, dated 28.01.2026 passed in W.P. No.2405 of 2026, directing the respondents to release the Vehicle bearing Registration No. GJ 01 BV 3403 to the petitioner upon the petitioner furnishing bank guarantee by way of fixed deposit for a sum of Rs.50,000/- (Rupees Fifty Thousand only) in favour of the respondent No.2 and also upon the petitioner furnishing an undertaking that the petitioner will not alienate the subject vehicle or alter its nature or create any encumbrance on it. The release of the subject vehicle shall be subject to the outcome of the confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.