Smt.Gairuboina Padmavathi, v. The State Of Telangana,

HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.32935 of 2016 ORDER:

Questioning the seizure of TATA Magic Auto bearing Registration No. AP 29 W 0438, in connection with Cr.No.86 of 2016 by the Station House Officer, Narmetta Police Station, Warangal District.

As per Sections 12 and 13 of the Andhra Pradesh Prohibition Act read with Sections 46 and 45 of the Andhra Pradesh Excise Act, the Deputy Commissioner of Prohibition & Excise concerned has the competence to deal with any such motor vehicle and initiate proceedings for its confiscation. If a motor vehicle is kept idle and not used for long, it is more likely that it will get rusted because of gathering of fine particles of dust and other material and hence, it would be more appropriate to entrust the interim custody to an appropriate person.

If the petitioner approaches the 2nd respondent Deputy Commissioner of Prohibition & Excise, Warangal, with an application, enclosing thereto a Fixed Deposit Receipt (FDR) drawn in favour of the Deputy Commissioner on any nationalized bank payable at Warangal, in a sum of Rs.10,000/- (Rupees ten thousand only), the motor vehicle bearing Registration No. AP 29 W 0438 may be entrusted for interim custody to the petitioner, provided she

MSR,J W.P.No.32935 of 2016 produces necessary material in the form of the Registration Certificate (RC) of the vehicle and also her identity proof and furnishing an undertaking that she will keep the vehicle insured at all times and that she will keep it in good running condition by maintaining it regularly, and that she will not create any 3rd party interests or charge thereon and that she will not alienate the same. So far as the contraband is concerned, the same can be examined for entrustment or otherwise only upon finalization of the confiscation proceedings. It shall also be open to the Deputy Commissioner of Prohibition & Excise to secure valuation of the motor vehicle by referring it to the Motor Vehicle Inspector.

With this, the Writ Petition stands disposed of. No costs. Consequently, the miscellaneous applications, if any shall also stand disposed of.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 30-09-2016 Kvr