IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERARBAD.
THURSDAY THE EIGHTH DAY OF MAY TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT PETITION NO. 14448 OF 2014.
Between:
Dharavath Saida, s/o. Baja, aged about 29 years, R/o. Pandurangapuram village, Khammam Urban Mandal, Khammam district. … Petitioner V/s.
1. Government of Andhra Pradesh Represented by its Principal Secretary, Revenue [Excise] Department, Secretariat, Hyderabad.
2. The Deputy Commissioner of Prohibition & Excise, Khammam, Khammam district.
3. The Station House Officer, Khammam Prohibition & Excise Station, Khammam district. … Respondents Counsel for the Petitioner : Sri K. Ramakotaiah Counsel for the Respondents : AGP for Prohibition & Excise The court made the following : [order follows] HONOURABLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT PETITION NO. 14448 OF 2014 O R D E R :
Heard the counsel for the petitioner and respondents.
2. The grievance of the petitioner is that an Auto bearing Registration No. AP-20-TC/4622 belonging to him was seized by the respondent for carrying allegedly illicit distilled liquor and that although the Special Judicial Magistrate of First Class, Prohibition and Excise, Khammam directed release of the said Auto subject to order of the second respondent, the second respondent has not released the vehicle.
3. Admittedly, the second respondent is the competent authority to deal with interim custody of the vehicle as per Section 46-E of the A.P. Excise Act, 1968. Therefore, the petitioner is directed to make an appropriate application to the second respondent for interim custody of the said vehicle and the second respondent is directed to consider the said application within two weeks of its filing and dispose of the same in accordance with law.
4. With the above direction, the writ petition is disposed off at the stage of admission. No costs.
JUSTICE M.S. RAMACHANDRA RAO.
08/05/2014.
I s L NB: Furnish CC today.
HONOURABLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT PETITION NO. 14448 OF 2014 Circulation No. Date:08/05/2014 Court Master: I s L Computer No.43