VEERBHADRA TRADERS Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner is a proprietorship firm carrying on the business of food grains and fertilizers under licence. The petitioner had purchased the broken rice with a quantity of 249.50 quintals from M/s. Bhagyalaxmi Rice Industries, under invoice dtd. 18/6/2023 and the said broken rice was sold in favour of ADLERS BIO ENERTGY LTD vide invoice dtd. 18/6/2023 for a sum of Rs.5,39,280.00. The said broken rice has been transported through vehicle bearing registration No.KA-56-1409 to Osmanabad, Maharashtra, where the ADLERS BIO ENERGY LTD situated. The copy of the GST registration certificate, invoice for having purchased the broken rice and the Tax invoice for having sold the same to ADLERS BIO ENERGY LTD., are at Annexure-A, B and C.

(2.) That the vehicle on which the said broken rice was loaded and was issued with e-way bill for transportation at the place of buyer disclosing the value of goods and it is dtd. 18/6/2023 and valid up to 20/6/2023. The said vehicle has been intercepted by respondent No.3 with the assistance of jurisdictional police of Humnabad on 19/6/2023. Respondent No.3 seized the goods along with vehicle and same was handed over to the jurisdictional police alleging that, said rice is meant for public distribution. FIR in Crime No.80/2023 dtd. 19/6/2023 is registered against the driver of the vehicle for the offence punishable under Ss. 3 and 7 of Essential Commodities Act, 1955 (for short, 'the Act'). The copy of FIR is at Annexure-E. The petitioner approached respondent No.1 for release of goods by filing a petition on 5/7/2023. The copy of the petition is at Annexure-F.

(3.) Respondent No.1 issued a show cause notice 11/9/2023 to Sri.Balaji S/o Shivaraja being the driver of the vehicle as to why the goods and vehicle seized should not be confiscated to the State as per Sec. 6 (a) of the Act. The said driver Sri.Balaji was given seven days time for giving explanation. Respondent No.1 has passed interim order dtd. 14/9/2023 directing jurisdictional police to utilize broken rice weighing 219.98 quintal for the benefit of school going children under Mid-Day Meals (MDM) Scheme and to deposit amount of Rs.5,06,000.00 towards price estimated to the accounts of respondent No.2. The copy of the said order passed by respondent No.1 dtd. 14/9/2023 is at Annexure - H.