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Saturday, August 29, 2020

PDS rice is being transported and seized the vehicle under Occurrence report. =basing on occurrence report, crime was registered against the petitioner and vehicle has been seized, the 3rd respondent is directed to release the petitioner’s vehicle vide Registration No.AP 39 W 4698 who is said to be owner of the vehicle, on condition of the petitioner furnishing self bond for the amount equivalent to the value of the vehicle to the respondents with an undertaking that they will not alienate, alter, mortgage or create any third party right in respect of the vehicle in question and he shall produce the vehicle as and when required by the authorities

 PDS rice is being transported and seized the vehicle under Occurrence report. =basing on occurrence report, crime was registered against the petitioner and vehicle has been seized, the 3rd respondent is directed to release the petitioner’s vehicle vide Registration No.AP 39 W 4698 who is said to be owner of the vehicle, on condition of the petitioner furnishing self bond for the amount equivalent to the value of the vehicle to the respondents with an undertaking that they will not alienate, alter, mortgage or create any third party right in respect of the vehicle in question and he shall produce the vehicle as and when required by the authorities

AP HIGH COURT
Main NumberWP 14468/2020SR NumberWPSR 17881/2020
PetitionerBandaru Appala Ganesh,RespondentThe State of Andhra Pradesh
Petitioner AdvocateS.V.S.S.SIVA RAMRespondent AdvocateGP FOR REVENUE
HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION No. 14468 of 2020
ORDER :

This writ petition is filed under Article 226 of the
Constitution of India seeking to issue writ of Mandamus
directing the 3rd respondent to release the petitioner’s vehicle
bearing Registration No.AP 39 W 4698.
Heard learned counsel for petitioner; learned
Government Pleader for Civil Supplies for R-1 and R-2 and
learned Government Pleader for Home for R-3.
The brief facts of the case are that on 11.08.2020, while
certain goods were being transported in the petitioner’s
vehicle the 3rd respondent along with his staff stopped the
vehicle alleging that PDS rice is being transported and seized
the vehicle under Occurrence report. A case in crime No.709
of 2020 was registered by the 3rd respondent for the offence
under Section 7(1)A of the Essential Commodities Act and the
seized vehicle was kept in safe custody.
The contention of the learned counsel for petitioner is
that the petitioner is innocent and the allegations are false
and truthless and that he has given his vehicle on hire and
sought for release of the vehicle.
Learned Government Pleader for Home states that
serious allegations are made against the petitioner and
opposed for release of the vehicle, but he requested the court
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in the event of release of the vehicle, some conditions may be
imposed.
Considering the submissions of both the counsel, since
basing on occurrence report, crime was registered against the
petitioner and vehicle has been seized, the 3rd respondent is
directed to release the petitioner’s vehicle vide Registration
No.AP 39 W 4698 who is said to be owner of the vehicle, on
condition of the petitioner furnishing self bond for the amount
equivalent to the value of the vehicle to the respondents with
an undertaking that they will not alienate, alter, mortgage or
create any third party right in respect of the vehicle in
question and he shall produce the vehicle as and when
required by the authorities.
With the above observations, the writ petition is
disposed of. No costs.
Miscellaneous applications pending if any, shall stand
closed.
 ______________________________
JUSTICE D.V.S.S.SOMAYAJULU
24.08.2020
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3
HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION No. 14468 of 2020
(disposed of )
24.08.2020
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