MADIGA SHANKARAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed seeking writ of mandamus declaring the action of the 4th respondent in seizing the vehicle in question in Crime No.562 of 2020 as illegal and without any authority and to direct the 4th respondent to release the said vehicle to the petitioner.

(2.) Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for the respondents.

(3.) The facts of the case show that a case in Crime No.562 of 2020 was registered against the petitioner and other accused by Nandyal I Town Police for the offences punishable under Sections 420 r/w.34 of IPC and Section 7(1) of the Essential Commodities Act. The petitioner is the 4th accused in the said crime. It appears that the police have seized TATA ACE Magic 7 Seater BS.III vehicle bearing registration No.AP21TV 6636 used for transportation of the commodities in connection with the above crime. The petitioner, who claims to be the owner of the said vehicle, now seeks declaration that the said seizure of the vehicle is illegal and the 4th respondent has no authority to seize the said vehicle primarily on the ground that the facts of the case do not constitute any offence under the Essential Commodities Act.