JUDGEMENT
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(1.)Both these cases involve similar fact situations and are thus disposed of at the stage of admission after having heard respective learned Counsel for the petitioners Sri V.H.V.R.R. Swamy and Sri B. Lingaiah and the learned Additional Advocate General Sri D. Prakash Reddy, who appeared to assist the Court on behalf of the learned Government Pleader for Civil Supplies, for the respondents. W.P.No. 23597 of 1999:
(2.)This writ petition is filed by a Kerosene dealer functioning in the name and style of O.M. Enterprises, Open Market, Miralam Tank, Hassannagar, Rajendranagar, R.R. District. On an allegation that the petitioner was selling blue kerosene and not maintaining true and correct accounts, pursuant to an inspection of petitioner's premises on 23-3-99 the stocks of commodities therein - 3261 litres of white kerosene and 16 empty barrels, were seized, a panchanama was conducted, a crime was registered as well on the complaint submitted, under Sec. 6-A of the Essential Commodities Act, 1955 (Act 10/55).
(3.)The petitioner approached this Court in W.P. 6624/99 and obtained a direction for release of the seized stocks on furnishing of a bank guarantee for the full value. Consequently the stocks were released vide proceedings dt. 9-4-99 on the petitioner furnishing the bank guarantee for Rs. 33,100/-. Notice u/sec. 6-B of the Act 10/55 was issued to the petitioner on 17-4-99 to show-cause why the seized stocks should not be confiscated on the charge of the petitioner having violated the provisions of the relevant Control Orders and conditions of licence. The petitioner submitted his explanation dt. 19-6-99 denying the charges. The Joint Collector, R.R. District considered the record of the case and by orders dt. 31-7-99 directed encashment of 90% of the bank guarantee furnished by the petitioner at the time of the release of the seized stocks in his favour. The remaining 10% of the bank guarantee furnished was directed to be released in favour of the petitioner. The said orders also intimated that an appeal against the order under Sec. 6C of Act 10/55 lies to the District and Sessions Judge, R.R. District, within 90 days from the date of receipt of a copy of the order.
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