IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21747 of 2014 Between:
Shaik Sirajuddin, S/o. Baji, Aged about 25 years, Occ: Auto Driver, R/o. Kannapuram (V), Koyyalagudem (M), West Godavari District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Excise) Department, Secretariat, Hyderabad & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21747 of 2014 ORDER:
Auto Rickshaw bearing No.AP 37TC 5737 was found transporting black jaggery, ammonia and alum. It is suspected that these items were being transported for manufacture of illicit liquor. Crime is registered and investigation is in progress. The vehicle is seized and confiscation proceedings were in progress.
2. This writ petition is instituted by the owner of the vehicle praying that seizure of the vehicle is adversely affecting his livelihood, as he was totally dependent on the said vehicle and he is not liable for transportation of any prohibited items and that transportation of black jaggery per se is not prohibited and the involvement in such transportation can attract penal consequences only if it is proved that such transportation is intended for manufacture of illicit liquor. Pending investigation and pending confiscation proceedings, the vehicle is kept idle. The vehicle would lose road using capacity. The petitioner is also subjected to hardship and suffering as he would lose his daily earnings, therefore, he requests for release of the vehicle.
3. Learned Government Pleader submits that the allegations are grave and that the petitioner is not entitled to ask for release of vehicle and that even if the vehicle is released, the petitioner must give sufficient security against the value of the vehicle as assessed by the Assistant Motor Vehicle Inspector and shall not dispose of the vehicle. The learned Government Pleader further submits that the petitioner has not submitted any representation requesting for release of the vehicle and straight away approached this Court.
4. It appears that the vehicle of the petitioner is involved in transportation of black jaggery, ammonia and alum and investigation is in progress as to the purpose of such transportation. Thus, at this stage, the Court cannot go to the correctness or otherwise of the seizure of the vehicle and the nature of involvement of the vehicle in violation of the provisions of the A.P. Excise Act, 1968.
5. However, there is merit in the contention of the learned counsel for the petitioner that if the vehicle is kept idle and exposed to air and water without being maintained properly, the vehicle would get rusted and the engine would be damaged. The vehicle would lose its useable capacity and it is in nobody’s interest. Therefore, the balance of convenience is in favour of the petitioner as the owner of the vehicle. Interim custody of the vehicle can be handed over to the petitioner with suitable conditions.
6. Accordingly, the Writ Petition is disposed of directing the petitioner to make a representation to the Deputy Commissioner, Prohibition and Excise Department, Eluru, West Godavari District (2nd respondent) enclosing a Fixed Deposit Receipt/Bank Guarantee for an amount of Rs.30,000/- (Rupees thirty thousand only) and security of immovable property for another Rs.70,000/- (Rupees seventy thousand only). The petitioner shall also file an affidavit undertaking that the petitioner shall maintain the vehicle in a running condition, shall keep the vehicle insured and also produce driving licence and the RC Book of the vehicle as proof at the time of submission of a representation. The petitioner shall also give an undertaking that he shall not dispose of the vehicle or create any third party interest on the vehicle and shall produce the vehicle as and when required by the third respondent. Subject to the petitioner fulfilling the above conditions, the second respondent shall release the vehicle within a period of 10 days from the date of receipt of such application. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J Date: 1st August, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21747 of 2014 Date: 1st August, 2014