P A ALTHAF HUSSAIN Vs. DISTRICT COLLECTOR DISTRICT

JUDGEMENT

(1.) 1.1. W.P. No.38306/06 has been filed for Issuance of a writ of mandamus directing the first respondent to release the 210 bags of rice each 50kg seized, from lorry No.KL-9N-1070 by the second respondent on 28.9.2006 to the petitioner on furnishing immovable property security. W.P. No.38307/06 has been filed for issuance of a writ of mandamus directing the first respondent to release the 153 bags of rice each 50kg seized from lorry No.TN-57-F-0406 by the second respondent on 06.10.2006 to the petitioner on furnishing immovable property security.

(2.) ACCORDING to the learned counsel for the petitioners, under similar circumstances, on furnishing bank guarantee, directions were issued by this Court to release the rice bags. But, according to the learned Government Advocate appearing for the respondents, since the rice bags seized from the petitioners contain rice meant for Public Distribution System, in the event of the release of the said rice bags, even though the petitioners furnish bank guarantee, enquiry under Section 6-A of the Essential Commodities Act cannot be conducted, in a manner in which it has to be conducted. In the event of the petitioners permitted to take back the seized rice bags, the authorities concerned cannot establish that the seized rice are meant for public distribution. Consequently, that will indirectly help the petitioners to get rid of from the offence. Hence, the learned Government Advocate has submitted that the concerned authorities may be directed to complete the enquiry under Section 6-A of the Essential Commodities Act, 1955 and to pass orders within a stipulated time. In the event of the petitioners being successful, certainly rice bags will be released to them.