ARUN KUMAR H. Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The order of respondent No.2 dated 10.06.2021 in Rc.No.K11/238/2021 directing the petitioner to furnish Bank Guarantee for a sum of Rs.3,23,000/- for release of the petitioner's Eicher vehicle bearing No.KA 16 D 4407, which was seized in connection with Crime No.117 of 2021 on the file of 4th respondent police station, is questioned in the writ petition as being illegal and arbitrary.

(2.) Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. With their consent, the Writ Petition is being disposed of at the admission stage.

(3.) The case of the petitioner is that he is the owner of the Eicher Goods carriage vehicle bearing registration No.KA 16 D 4407. He is using the same for transportation of goods. On 29.05.2021 the petitioner's vehicle was engaged by one Veerabhadreswara Traders for transportation of rice from Terubeedhi, Karnataka State to SLR Boiled Industries, Karnataka and while the rice was being transported in the vehicle, 3rd respondent intercepted the vehicle and seized the same along with 340 bags of rice under the cover of a panchanama, dated 30.05.2021 stating that the rice is PDS rice and is being illegally exported to Karnataka State and registered a case in Crime No.117 of 2021 for the offences punishable under Section 7 of the E.C. Act and kept the vehicle in the custody of the 4th respondent. Thereafter on a report said to have been submitted by the 3rd respondent the 2nd respondent while initiating the proceedings under Section 6-A of the E.C. Act issued the impugned order ordering to furnish bank guarantee/cash security deposit drawn on any nationalized bank in favour of the District Collector, Ananthapuram District, for a sum of Rs.3,23,000/- for release of the petitioner's vehicle. Aggrieved of the same, the Writ Petition is filed.