MOHAMMAD RAFI SHAIK Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(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 of the seized stock on the apparent ground that the seized stock is Public Distribution System (PDS) Rice stock.

(2.) The petitioner's case succinctly is thus. The petitioner is the Proprietor of M/s.S.S. Rice Mill (Lessee), Bodduvanipalem Village, Prakasam 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 27 UB 7639 vide invoice No.10, dated 14.07.2020; 580 bags of rice in lorry AP 24 Y 4136 vide invoice No.11, dated 14.07.2020 to M/s.Shalimar Trading Company, Kalapattu, Walyanadu District, Kerala State and he also sent 614 bags of Rice in lorry AP 27 TZ 1539 vide invoice No.12, dated 14.07.2020 to M/s. C.K. Traders, Panthirikuppam Chengaroth of Kerala State with valid invoices. However, on the way at Nellore, the respondent officials intercepted the lorries and seized the stock as well as vehicles on the allegation that the rice in the lorries 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 three lorry loads 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 vehicles subject to the condition of submitting F.D.R for an amount of Rs.5 lakhs for each 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 stocks and the owners of the lorries 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 petitions of the lorry owners and reducing the F.D.R amount to Rs.2 lakhs for each 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.