Rathlavath Parvathalu v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.32162 of 2017 ORDER:

Questioning the seizure of Alto Car bearing No.AP29AJ2787, in connection with C.O.R.No.127 of 2017 by the Station House Officer, Kalwakurthy Prohibition & Excise Station, Nagarkurnool District, 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 an appropriate person.

If the petitioner approaches the 2nd respondent-Deputy Commissioner of Prohibition & Excise, Mahabubnagar, with an application, enclosing thereto a Fixed Deposit Receipt (FDR) drawn in favour of the Deputy Commissioner on any nationalized bank payable at Nagarkurnool, for a sum of Rs.50,000/-(Rupees fifty thousand only), the Alto Car bearing No.AP29AJ2787 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 3rd 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 Alto Car 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.

__________________ A.V.SESHA SAI, J 21st September, 2017 Tsy