KALLAM GANGADHAR REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed declaring the action of the respondents No.3 and 4 in registering FIR No.158 of 2016 and showing the petitioner as Accused No.3 as illegal and arbitrary.

(2.) The facts of the case are that the petitioner herein is the proprietor of Vigneshwara Traders and running rice mill and he is having requisite licenses to run this rice mill. One company by name Raja & Co. from Palagath, Kerala approached the petitioner through some commission agent and requested to supply 210 quintals of rice. Accordingly they raised a way bill from the commercial tax department and on 15/11/2016 at 5.10 p.m. Further they also obtained the requisite permit from the Agricultural Market Committee, Sattenapalli on the same day. Accordingly, the petitioner supplied 280 bags of rice each containing 75 kgs totaling to 210 quintals worth of Rs.4,39,110.00 inclusive of VAT. Thereafter, the lorry bearing No.TN 34 V 4312 moved from rice mill at 5.30 p.m. on 15/11/2016 to Palagath, Kerala and when the lorry travelled 9 KMs from rice mill to Palagath, Kerala, the Sub Inspector of Police, Sattenapalli Rural police station has stopped the vehicle and seized the same with load and registered a case in Crime No.158 of 2016 under Sec. 420 IPC and Sec. 7(1) of E.C.Act, 1955. Question the said action, the present writ petition came to be filed.

(3.) This Court vide order dtd. 2/12/2016 has granted interim direction to the police concerned not to arrest the petitioner.