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. 14426 OF 2014.
Between:
Yedunuthala Srinivasa Rao s/o late Venkateswara Rao Aged about 45 years, Occ. Legal Practitioner & Owner of Maruti Swift VDI Car bearing No. AP-20 AU-8899, R/o. Kaviraj Nagar, Khammam town & 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, II-Town Khammam Prohibition & Excise Station, Khammam district. … Respondents Counsel for the Petitioner : Sri G.L. Narasimha Rao 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. 14426 OF 2014
O R D E R :
Heard the counsel for petitioner and learned Assistant Government Pleader for respondents.
2. Petitioner’s vehicle being a Car Maruti Swfit [VDI] bearing No. AP-20-AU/8899 was seized by third respondent on the ground that it was carrying IML liquor i.e., knock out strong beers- 34, Hayward-5000 beer bottles-28, total 64 beer bottles.
3. Under Section 46-E of the A.P. Excise Act, 1968, the competent authority to grant interim custody of the vehicle is the Deputy Commissioner of Prohibition and Excise, Khammam. Although the petitioner had approached him and sought release of the vehicle on the ground that confiscation process was already initiated, the second respondent refused to release the vehicle. Since the vehicle is likely to get damage in the custody of second respondent, I deem it appropriate to direct the second respondent to give interim custody of the vehicle being a Car Maruti Swfit [VDI] bearing No. AP-20-AU/8899, pending conclusion of the proceedings for confiscation thereof on condition of the petitioner
(a) depositing a sum of money representing the value of the vehicle as assessed by the Motor Vehicle Inspector, Khammam, before the second respondent;
(b) furnishing an undertaking not to alienate the vehicle to any third party; and
(c) producing the vehicle as and when required by the second respondent.
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. 14426 OF 2014 Circulation No.21 Date:08/05/2014 Court Master: I s L Computer No.43
NB: FURNISH CC. TODAY.