THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.10202 of 2021
ORDER:-
This Writ Petition is filed under Article 226 of the
Constitution of India, questioning the action of respondents in
seizing Innova bearing registration No.AP 26 BE 1616 in connection with Crime No.75 of 2021 on the file of respondent No.4.
2. Heard Sri V.Vinod K.Reddy, learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise appearing on behalf of respondents.
3. The case of the petitioner is that he is the registered owner of the vehicle i.e. Innova bearing registration No.AP 26 BE 1616. The petitioner's vehicle was seized by respondent No.4 on the ground of illegal possession of liquor (12) each 1 litre capacity Bardinet French Brandy bottles and 2 liters capacity Ballantine's finest blended Scotch whisky, total 14 bottles non-duty paid liquor bottles and without HEAL number, bills and permits and was kept in the custody of respondent No.3. Now the vehicle is kept in the custody of respondent No.5 and though the petitioner has approached respondent No.5 for release of the vehicle and requested to release his motorcycle, the Police without taking further steps, kept his Innova in the Police Station and the procedure either under Criminal Procedure Code, 1973 or Andhra Pradesh Excise Act, 1968 (for short the 'Excise Act') was not 2 followed. The petitioner has submitted that in view of the orders of this Court in W.P.No.8426 of 2020 dated 08.05.2020 and W.P.No.8943 of 2020 dated 20.05.2020 the petitioner is entitled for custody of the vehicle.
4. Per contra, learned Government Pleader for Prohibition & Excise submits that the petitioner has to approach Superintendent of Police, Prohibition and Excise for release of vehicle, but without doing so he approached this Court as such the Writ Petition is not maintainable. He submits that there is a procedure prescribed under the Excise Act, 1989 for release of vehicle and as per the amendment to Section 46 of Excise Act, 1989, dated 03.07.2020, Superintendent of Police is the competent authority for release of the vehicle.
5. This Court basing on the Division Bench judgment in Shaik Ghani Vs. The State of A.P.1 and taking into consideration the amendment to the A.P.Excise Act, particularly Section 46 of the A.P.Excise Act has relegated the parties to approach the competent authority. The order in W.P.No.8426 of 2020 dated 08.05.2020 on which the petitioner is relying, the Judgment of the Division Bench has not been brought to the notice of the Court. Hence, this court is not inclined to entertain this person.
6. However, in the facts and circumstances of the case, the Writ Petition is disposed of directing the petitioner to approach the Superintendent of Police, Nellore, SPSR Nellore District by filing an 1 2007 Crl.L.J 246 3 appropriate application for release of his vehicle and the Superintendent of Police, Nellore District shall pass appropriate order, within seven days thereafter in accordance with Law. No order as to costs.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date : 18.05.2021 KA 4 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION No.10202 of 2021 18.05.2021 KA 5