HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.13028 of 2014 Date: 25.04.2014 Between:
Perumanla Nayomi @ Garala Nayomi . Petitioner AND Deputy Commissioner (Prohibition & Excise) Ranga Reddy District, Hyderabad and others ...Respondents HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.13028 of 2014 ORDER:
The petitioner sought for a Writ of Mandamus for declaring the seizure of the motor vehicle bearing registration No. AP 29 AK 2286 vide COR No.222/2013-14 of Excise Malkajgiri, on 22-11-2013, as illegal and bad in law.
The petitioner claims to have purchased a motor vehicle of Tata Indica make bearing registration No. A.P. 29 AK 2286 on 18-01-2010. The petitioner also claims to be working as Software professional and for personal use she purchased the said vehicle. It is the claim of the writ petitioner that she is a resident of House No.7-96/1, Sardar Patel Nagar, Malkajgiri, Hyderabad. It is the case of the writ petitioner that while trying to proceed against the resident of the house bearing No.7-97/2, which is an adjoining premises to that of the writ petitioner, the Excise Station House Officer, Malkajgiri, Hyderabd, has erroneously assumed that the car belonging to and owned by the petitioner and which is parked right opposite to her residential house, has been seized in connection with an excise offence. It is the case of the writ petitioner that no contraband has been found in her car and for the purpose of maintaining the criminal case against the accused persons, the Excise Station House Officer has un-necessarily shown as if contraband has been seized from the car of the writ petitioner. It is the case of the petitioner that the Car belonging to her has never played part of any offence much less excise offence. Therefore, the Car, which does not belong to the accused persons, but belongs to the petitioner, cannot be seized at all.
Learned Assistant Government Pleader for Prohibition and Excise has pointedly drawn my attention to the contents of the Panchanama prepared by the Station House Officer, Prohibition and Excise Sub Inspector, Malkajgiri, on 22-11-2013 at 10.35 P.M.. The panchanama clearly recorded that when the Prohibition and Excise officials received certain information that one Akula Krishna, resident of Sardar patel nagar, Malkajgiri, has been illegally storing huge quantity of liquor, they arranged for an appropriate raid and consequently requested the panchas to be present at the premises. Just about that time, a Tata Indica silver colour car bearing registration No.A.P.29 AK 2286 stopped before the said premises and on spotting the Prohibition and Excise officials, two persons who alighted from the car have taken to their heels, but, however, one another person who is sitting in the car could not run away as he was 58- year-old person. When the car was searched, huge stock of Indian made liquor has been stored not only in the dickey but also in the rear side of the car. The whole stock that has been seized from the car has been recorded in the panchanama. Therefore, the learned Assistant Government Pleader for Prohibition and Excise would submit that the claim of the writ petitioner that the car is not involved in any excise offence is a far fetched one.
Learned Assistant Government Pleader for Prohibition and Excise would also point out that in terms of Section 12 of the Andhra Pradesh Prohibition Act, 1995, in any case in which an offence has been committed under the said Act, the vehicles used to hold or carry the liquor or the contraband are also liable for confiscation. Under section 13 (1) of the said Act, all such vehicles and the material seized shall be produced before the Deputy Commissioner of Prohibition and Excise having jurisdiction over the area. Under proviso to sub section (2) of Section 13 of the said Act, the Deputy Commissioner of Prohibition and Excise may accept such sum of money as may be prescribed in lieu of confiscation and release the vehicles reasonably suspected of involvement in any offence falling under sub-clause (i) of clause (b) of Section 8 of the said Act. Therefore, the learned Assistant Government would submit that it is for the Deputy Commissioner of Prohibition and Excise of the area who is competent authority to deal with the motor vehicle involved in this case. If the petitioner, therefore, approaches the Deputy Commissioner of Prohibition and Excise concerned and files the identity proof, copy of the registration certificate and also an F.Dr drawn in the name of the Deputy Commissioner of Prohibition and Excise in a sum of Rs.50,000/- (Rupees Fifty Thousand only) on any Nationalized Bank and also furnishes an undertaking that the vehicle in question will be insured at all times and that it would be maintained in good running condition and that no charge or third party interest would be created thereon and that the vehicle will not be sold, until confiscation proceedings are finalized and after ascertaining the value of the vehicle, the Deputy Commissioner of Prohibition and Excise may entrust the interim custody to the writ petitioner inasmuch as any motor vehicle which is kept idle and without being used for long period is likely to get spoiled because of the gathering dust and other material thereon in view of the sensitive electronic components made by the manufacturer of the motor vehicles. In case, confiscation proceedings are already finalized, as the learned Assistant Government Pleader for Prohibition and Excise would submit that it would be open to the writ petitioner to collect a copy thereof and take appropriate measures including challenging its validity in accordance with law.
The Writ Petition stands disposed of with this order at the admission stage. Miscellaneous Petitions pending, if any, in this writ petition shall also stand closed. No order as to costs.
JUSTICE NOOTY RAMAMOHANA RAO 25-04-2014 Gsn.