Kuppaiah Suresh vs The State Of Andhra Pradesh
2021 Latest Caselaw 1707 AP

        THE HON'BLE SRI JUSTICE BATTU DEVANAND
                  Writ Petition No.6515 of 2021


JUDGMENT:

The present writ petition is filed declaring the action of

the respondent No.3 in not considering the representation of

the petitioner dated 20.2.2021 for releasing the petitioner's

vehicle as arbitrary, illegal without jurisdiction and contrary

to provisions of Andhra Pradesh Excise Act and violation of

Articles 14, 21 and 300-A of the Constitution of India and

consequently directing the respondents to release the vehicle

bearing No.AP03AZ8947 by accepting third party surety for

10 per cent value of the total value of the vehicle of the

petitioner and pass such other orders in the interest of

justice.

2. Heard Sri Srinivasa Rao Narra, learned counsel for the

petitioner, learned Government Pleader for Prohibition and

Excise appearing for the respondents 1 to 3 and learned

Government Pleader for Home appearing for the respondent

No.4.

3. The case of the petitioner is that the petitioner is the

owner of the motorcycle bearing No.AP03AZ8947. He

purchased the vehicle in the year 2012 and using the same

for his personal purpose. The 5th respondent seized the

vehicle of the petitioner alleging that the vehicle was used for

illegal transportation of liquor bottles and registered a case in

Crime No.181 of 2020 of Thavanampalle Police Station of

Chittor District under Section 34(a) of the A.P. Excise Act.

4. The learned counsel for the petitioner contends that

subsequent to the seizure, the vehicle was kept idle in the

police station, which could be spoiled due to sun and rain. If

the vehicle is kept idle, the battery and other parts will also

be spoiled and thus the petitioner will sustain huge loss and

hardship. In such circumstances, the petitioner submitted a

representation dated 20.02.2021 to the 3rd respondent, who is

the competent authority seeking for release of the vehicle.

But, no orders are passed by the 3rd respondent. Aggrieved by

the same, the present writ petition is filed.

5. On the other hand, learned Government Pleader for

Prohibition and Excise submits that the 3rd respondent

authority will consider the application of the petitioner in

accordance with law, if some reasonable time is provided.

6. Having considered the submissions of both the learned

counsel and upon perusing the material on record and with

the consent of both the learned counsel, this writ petition is

being disposed at the stage of admission with the following

directions;

The 3rd respondent shall consider and dispose of the

representation dated 20.02.2021 submitted by the petitioner

requesting to release his seized vehicle within a week from the

date of receipt of a copy of this order by accepting collateral

security/immovable property security for the value of the said

vehicle from the petitioner.

With the above observation, the writ petition is disposed

of. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending in

this case shall stand closed.

______________________ BATTU DEVANAND, J

Date: 23.3.2021

Note:

Furnish C.C. tomorrow.

B/o GR

THE HON'BLE SRI JUSTICE BATTU DEVANAND

Writ Petition No.6676 of 2021

Date: 23.3.2021

GR