Mudduluru Murali Krishna Raju, vs The State Of Andhra Pradesh
2021 Latest Caselaw 1906 AP

        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

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

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

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION No.10202 of 2021

18.05.2021

KA