E.Somanna v. The State Of Telangana,

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 14.11.2016 Between:

E.Somanna, S/o Peeraiah, Aged about 29 years, r/o.Shanthapuram Village, Palakurthy Mandal, Warangal District.

.....Petitioner and The State of Telangana, rep.by its Principal Secretary, Revenue (Excise) Department, Secretariat, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Questioning the seizure of Auto bearing Registration No.AP36Y-0397 seized in COR No.197 of 2016 by respondent Nos.2 and 3, the present writ petition is filed.

2.

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.

3.

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 Auto bearing Registration No.AP-36Y-0397 may be entrusted for interim custody to the petitioner, provided he produces necessary material in the form of the Registration Certificate (RC) of the vehicle and also his identity proof and furnishing an undertaking that he will keep the vehicle insured at all times and that he will keep it in good running condition by maintaining it regularly, and that he will not create any third party

interests or charge thereon and that he 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. 4.

Accordingly, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 14.11.2016 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 14.11.2016 kkm