Mallikarjuna Rao v. The State Of A.P.

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2010 of 2015 ORDER:

This revision case is filed by the petitioner aggrieved by the conditions imposed by the Deputy Commissioner of Prohibition and Excise, Vijayawada, Krishna District, in Rc.No.81/2015/B2, dated 22.08.2015. Heard and perused the material available on record. The facts of the case, in brief, are that while conducting route watch by the Sub-Inspector of Police of Excise Department, Tiruvuru, along with his staff, they found two persons coming on a TVS XL vehicle along with a gunny bag near Grampanchayat road, Gampalagudem village, and on seeing them, the rider of the vehicle ran away and they caught hold the pillion rider and on questioning him, he disclosed that they are doing illicit liquor business and in the gunny bag, the police found two polythene bags each contain 10 liters of illicit liquor.

The police seized the contraband and the vehicle and arrested the said person, and registered a case in Crime No.1092 of 2014-15 on the file of the Prohibition and Excise Police Station, Tiruvuru, for the offence under Section 7(a) read with 8(e) of the A.P. Prohibition Act. The petitioner filed an application before the Deputy Commissioner of Prohibition & Excise, Vijayawada for release of his vehicle.

"1. Upset Price of the vehicle from the concerned M.V.I.

2. An F.D.R. in favour of the Dy.Commissioner of Prohibition and Excise for a period of 5 years (for full value of the vehicle as assessed by M.V.I).

3. An affidavit on Non-Judicial stamp paper worth Rs.10/- stating that the vehicle was not involved in any Excise crimes earlier.

4. An undertaking on Non-Judicial stamp paper worth Rs.100/- to the effect that the vehicle will not be sold out, alienated or part with in any manner an it will be produced before the authority in the present condition as and when

called for etc., in usual proforma.

5. Copy of Identity Proof."

Aggrieved over the condition No.2 i.e. to take an F.D.R. in favour of the Dy.Commissioner of Prohibition and Excise for a period of 5 years (for full value of the vehicle as assessed by M.V.I), the present revision is filed. After hearing the learned counsel for the petitioner and also upon perusing the record, this Court is inclined to pass the following order: "The condition No.2 imposed in the Rc.No.81/2015/B2, dated 22.08.2015 passed by the Deputy Commissioner of Prohibition & Excise, Vijayawada to take FDR in favour of Dy.Commissioner of Prohibition & Excise, Vijayawada for a period of five years, is hereby set aside and the petitioner is directed to execute a bond for a sum of Rs.35,000/- (Rupees thirty five thousand only) with one surety for the like sum."

Accordingly, the Criminal Revision Case is disposed of. Miscellaneous Petitions, pending if any, shall stand closed.

______________ RAJA ELANGO, J September 16, 2015 KTL