K MUNIVELU Vs. GOVERNMENT OF INDIA
HIGH COURT OF ANDHRA PRADESH
GOVERNMENT OF INDIA
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Sriramulu, J. -
(1.)The petitioner is a licensed dealer in food grains. He has his shop and godown in Ramagiri village, which is two miles away from Naguiapuram and 12 miles away from Madras State border. From the producers in a village near Kalahasti, the petitioner purchased 76 age of millets and transported them in a lorry to his godown at Ramagiri village. The lorry with the bags of millets reached Ramagiri village at 3-15 a. m. on 14-9-1969. When the lorry driver was awaiting the opening of the godown for unloading purposes, the second respondent. Inspector of Police, with some other constables approached and seized and goods on suspicion that the goods were ultimately meant for transporting to Madras State.
(2.)In this Writ Petition the petitioner challenges the legality of the seizure of 76 bags of millets, inter alia on the ground that Cl. 5 of the Andhra Pradesh Coarse Grains (Export Control) Order, 1965 is in excess of the power conferred upon the Central Government by S. 3 of the Essential Commodities Act. 1955. The petitioner also contended that the seizure was illegal and accordingly prayed for a direction to the respondents to release the goods and not to take any section against him under clauses 4 and 5 of the said order.
(3.)In their counter the respondents opposed the writ petition. The respondents submitted that clause 5 of the said order was neither vague nor in excess of the delegated power, nor inconsistent with Section 3 (2) (j) of the Essential Commodities Act, 1955. The Act contemplates no proof before search and seizure but only reasonable belief. The order itself has been rescinded and there is no need to go into the question of the validity of clause 5 of the Order, which has been rescinded.
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