P. Prasad v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37361 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking to declare the action of the 2nd respondent in not releasing the TATA Mini Lorry bearing No.AP 05 TC 3344 seized in Crime No.76 of 2016 in spite of the readiness of the petitioner to furnish the third party surety, as illegal and arbitrary.

Heard and perused the material available on record. The case of the petitioner is that the petitioner is the registered owner of TATA Mini Lorry bearing No.AP 05 TC 3344. The petitioner's vehicle was engaged by M/s. Varalakshmi, Trading and Company, Narsipatnam, Visakhapatnam, for transportation of black jaggery on payment of hire charges and accordingly, the said stock was loaded in his vehicle and when it reached Vetamamidi Village, the 2nd respondent intercepted the vehicle and in a routine and mechanical manner, seized the vehicle along with the stock and registered a case in Crime No.76 of 2016 under Section 34(e) of the A.P. Excise Act, 1968. Learned counsel for the petitioner submits that if the vehicle is exposed to sun and rain and is kept idle, it would be damaged. He further submits that the petitioner is ready and willing to furnish security for release of the vehicle and also produce the vehicle as and when required by the concerned Magistrate.

Learned Government Pleader also submitted that interim custody of the crime vehicle can be granted to the petitioner by imposing certain conditions.

Considering these circumstances, it is directed that vehicle i.e. TATA Mini Lorry bearing No.AP 05TC 3344 shall be released for interim custody of the petitioner, subject to final orders to be passed at the time

of disposal of main case, on his executing a personal bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like sum each and also on production of original R.C. book. It is further directed that the petitioner shall not alienate the vehicle, shall not change the physical features of the same till the disposal of the criminal case and further he shall undertake to produce the vehicle as and when required by the concerned Magistrate. The said order will not stand in the way of the confiscation proceedings.

Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ___________________ RAJA ELANGO,J Date: 2nd November, 2016 KL