ELLURU CHANDRA OBUL REDDY Vs. JOINT COLLECTOR

JUDGEMENT

(1.) THIS is a reference made by a learned Single Judge in Writ Petition no. 23107 of 2007, for an authoritative pronouncement to answer the question as to whether the seizure of 166 bags of rice (each 50 Kgs) belonging to the petitioner by the third respondent herein viz. Sub Inspector of police, Rural, proddatur, Kadapa district, is legal or not.

(2.) SIMILARLY, the learned Single Judge, in Writ Petition No. 18097 of 2007, made reference on the ground that the view expressed by another Single Judge would require reconsideration.

(3.) WRIT Petition No. 23107 of 2007 is filed, inter alia, contending that the third respondent-Sub Inspector of Police, Rural, Proddatur, Kadapa district, has no jurisdiction and he misused the power in seizing the rice of petitioner; that by virtue of notification issued by the Government of India dated 15. 02. 2002 and further memo dated 27. 3. 2003 issued by the Government of Andhra Pradesh, there are no restrictions as regards to stock or transport of paddy and rice, and as such, the seizure is illegal and without jurisdiction. The allegation of the respondents is that the petitioner purchased 166 bags of rice meant for public from the dealer of Public Distribution System. It is alleged that on 24. 5. 2007, the third respondent raided the petitioner's premises bearing no. 3/365 and seized the 166 bags of rice. The third respondent registered a case in crime no. 58/2007 under Sections 406 of the Indian Penal Code and Section 7 (1) of the essential Commodities Act, 1955.