M V SUNIL KUMAR Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2020-9-60
HIGH COURT OF ANDHRA PRADESH
Decided on September 28,2020

M V Sunil Kumar Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

U. Durga Prasad Rao, J. - (1.)The petitioner challenges the order in Rc.B2.362/2020 dated 01.09.2020 passed by the respondent No.2 rejecting the petition filed by the petitioner for release the seized stock on the apparent ground that the seized stock is Public Distribution System (PDS) Rice.
(2.)The petitioner's case succinctly is thus. The petitioner is the Proprietor of M/s.Sri Sudharshan Traders, Badvel Village and Mandal, YSR Kadapa District, carrying on business of purchasing paddy from farmers and selling the same. While so, on a supply order, the petitioner sent 580 bags of rice in lorry AP 16 TJ 2871 vide invoice No.12, dated 15.07.2020 to M/s.Royal Rub Enterprise, Kuppumutthu Street, Triplicane, Chennai, Tamilnadu State. However, on the way at Nellore, the respondent officials intercepted the lorry and seized the stock as well as vehicle on the allegation that the rice in the lorry was PDS Rice which was recycled and being delivered to Andhra Pradesh State Civil Supplies Corporation under Custom Mill Rice (CMR) without any bills and documents. The said allegation is wild and without any basis as the entire consignment is covered by proper bills. The petitioner filed petition dated 22.07.2020 before the respondent No.2 for release of the lorry load of the seized stock. By proceedings in Rc.B2.362/2020 dated 19.08.2020, the respondent No.2 passed an order for release of the seized vehicle subject to the condition of submitting F.D.R for an amount of Rs.5 lakhs for lorry pending finalization of Section 6-A proceedings. Thereupon, the petitioner filed a modification petition on 20.08.2020 and sought for release of the stock and the owner of the lorry also requested the respondent No.2 to reduce the F.D.R amount. In respect of those modification petitions, the respondent No.2 passed orders vide proceedings in Rc.B2.362/2020 dated 01.09.2020 and while allowing the petition of the lorry owner and reducing the F.D.R amount to Rs.2 lakhs for lorry, the request of the petitioner to release the stock was rejected without giving any reason and passing speaking order. Hence, the writ petition.
(3.)Heard learned counsel for petitioner, Smt., Kavitha Gottipati and learned Assistant Government Pleader for Civil Supplies.
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