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Judgment
Heard Sri Kanchani Laxmaiah, learned counsel appearing on behalf of the petitioner, the learned Assistant Government Pleader for Civil Supplies, appearing on behalf of the respondent Nos.1, to 3 and the learned Assistant Government Pleader for Home, appearing on behalf of the respondent Nos.4 & 5.
The petitioner approached the Court seeking prayer as under:
“...to issue a Writ, Order or direction more particularly one in the nature of Mandamus declaring the action of the respondents seizing the Petitioners Lorry vehicle bearing No. TG 05 U 6869 under the cover of seizure panchanama dated 07.07.2026 by kept the vehicle in the custody of the 5th respondent police station in connection with FIR No. 267 of 2026, dated 07.07.2026 is illegal, arbitrary and against the principles of natural justice and also violation of Articles 19(1)(g) of the Constitution of India and consequently direct the respondent No. 2 to release the vehicle to the petitioner 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. TG 05 U 6869. The petitioner has been using the subject vehicle for transportation of goods on hire. On 07.07.2026, while the vehicle was transporting a consignment of rice, respondent No.5, 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.267 of 2026 dated 07.07.2026, the vehicle was taken into custody and kept under the custody of respondent No.5. 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. TG 05 U 6869, which had been seized in connection with F.I.R. No.267 of 2026 dated 07.07.2026, 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 to 3 and the learned Assistant Government Pleader for Home, appearing on behalf of the respondent Nos.4 & 5 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 and 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. TG 05 U 6869 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.