N. Sayeed Ahmed v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.17074 OF 2018 O R D E R :

This petition is filed for a writ of Mandamus declaring the action of the respondents in seizing the cash worth of Rs.10,00,000/- and gold biscuits from the house of the petitioner, as illegal and arbitrary and consequently direct the respondents to hand over the said property to the petitioner. Heard learned counsel for the petitioner.

Learned Assistant Government Pleader for Home produced written instructions stating that no seizures were affected from the possession of the petitioner and that the police have never visited the house of the petitioner on 24.04.2018 or any other date, nor the respondents 4 & 5 with the constables searched the house of the petitioner. It is further stated that the petitioner was involved in the offences under the A.P.Gaming Act, earlier, and other cases; and that the petitioner filed the present writ petition with all false and baseless allegations against the respondents, under apprehension that he may be implicated in Cr.No.47/2018 of Kurnool I Town P.S. It is also stated that the petitioner has been involved in the following cases;

i) Cr.No.43/2002, under Section 3 & 4 of A.P.Gaming Act, wherein he was convicted.

ii) Petty Case No.590/2002, wherein he was convicted.

iii) Petty Case No.37/2004, under Section 9(1) of A.P.Gaming Act, wherein he was convicted.

iv) Cr.No.37/2004, under Section 9(1) of A.P.Gaming Act, wherein he was convicted.

v) Cr.No.77/2006, under section 20(b) (1), read with 8(b) of NDPS Act, wherein he was acquitted.

vi) Cr.No.24/2009, under Section 353, 224 IPC, wherein he was acquitted.

vii) Cr.No.34/2010, under Section 186, 506 IPC & Sec.3(1)(x) of SCs & STs (POA) Act, 1989, wherein he was convicted. In view of the aforesaid submissions of the learned Assistant Government Pleader for Home, no relief can be granted in the writ petition. Accordingly, the writ petition is dismissed. However, it is left open to the petitioner to avail alternate remedy as may be available to him under law. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_______________________________ A.RAJASHEKER REDDY, J 11.06.2018 t k.