Mahendar Turkel, v. The State Of Telangana,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 11168 OF 2017 O R D E R :

Questioning the seizure of Goods Carriage - LMV, Bolero Pickup Truck bearing Registration No. AP20 TC 4925 in connection with C.O.R. No. 58 of 2017 by the Station House Officer, Prohibition & Excise Police Station, Aswaraopeta, the present Writ Petition is filed.

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 the person concerned. If the petitioner approaches respondent No.2 - Deputy Commissioner of Prohibition & Excise, Khammam with an application, enclosing thereto a Fixed Deposit Receipt drawn in favour of the Deputy Commissioner on any nationalized bank payable at Khammam, for a sum of

Rs.1,00,000/- (Rupees One Lakh Only), the vehicle bearing Registration No. AP20 TC 4925 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, he will keep it in good running condition by maintaining it regularly, he will not create any third party interests or charge thereon and 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. With the above observations, the Writ Petition stands disposed of. No costs.

Consequently, miscellaneous applications, if any, shall also stand disposed of.

____________________________ CHALLA KODANDA RAM, J Date:30.03.2017 usd