Sri Sai Traders vs. The Joint Collector

HON'BLE SRI JUSTICE K. SREENIVASA REDDY

Criminal Petition No.869 of 2023

Order:

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondents.

2. The Joint Collector and Additional District Magistrate, Ananthapuram District, in the proceedings vide RC No.K3/384/2022, dated 19.10.2022, directed confiscation of 250.00 quintals of rice stored in 450 bags, belonging to the petitioner under Section 6A of the Essential Commodities Act, 1955.

3. Aggrieved by the said order, the petitioner moved the Principal District and Sessions Judge, Ananthapuram in Criminal Appeal No.69 of 2022. Pending the said appeal, the petitioner filed Crl.M.P.No.401 of 2022 for release of the said seized stocks. But, the learned Sessions Judge dismissed the said petition, by an order dated 22.12.2022. Aggrieved by the said order, the petitioner has approached this Court, by way of the present Criminal Petition.

4. Sri P. Gangaramireddy, learned counsel appearing for the petitioner, relies upon the judgment of this Court in W.P.No.35451 of 2022, dated 02.11.2022, and the Writ Appeal No.201 of 2022, dated 15.02.2022, contending that this Court permitted release of the

confiscated goods on furnishing personal or third party's immovable property as security for the value of the confiscated goods.

5. In view of the aforesaid judgments, this Criminal Petition is disposed of, with a direction to the Joint Collector & Additional District Magistrate, Ananthapuram District to release the confiscated stocks in favour of the petitioner on condition of furnishing third party's immovable property as security equivalent to the value of the seized stocks within a period of two (02) weeks from the date of receipt of a copy of this order.

6. As a sequel thereto, the miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.

________________________ K. SREENIVASA REDDY, J.

Date:07.02.2023 Note: Issue CC in three (3) days (B/O) Nsr