K. Easwara Rao v. The Stateof Andhra Pradesh,

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.40957 of 2014 ORDER:

It is submitted by the learned counsel for the petitioner that in similar circumstances, this Court disposed of W.P.No.36914 of 2014 on 04.12.2014.

2. Learned Government Pleader for Home has not disputed the same.

3. In view of the same, following the order, dated 04.12.2014, passed in W.P.No.36914 of 2014, this Writ Petition is disposed of by observing as follows: "Having regard to the above provision, the petitioner is directed to submit a representation to the officer who seized the vehicle for its release; the said officer shall within three days from the date of receipt of the representation examine whether the vehicle was used in committing the offence for the first or the second time; and, if so, consider directing release of the vehicle on payment of the prescribed penalty. If, on the other hand, the vehicle is found to have been used in the commission of the offence for three or more times, the officer concerned shall consider directing the release of the vehicle, in accordance with Rule 18(vii), on a bond being executed by the owner of the vehicle for its production as and when directed by the

competent Court to which such seizure was reported by the Officer who seized the vehicle. The entire exercise, culminating in an order being passed, shall be completed within three days from the date of submission of the representation by the petitioner;

and necessary action shall be taken for release of the vehicle, in cases falling within the ambit of Rule 18(i)(a), on payment of the prescribed penalty; and, in other cases, on a bond being executed in terms of Rule 18(vii) of the Rules."

4. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.

__________________________ A. RAJASHEKER REDDY, J 7th January 2015 Note:

Issue C.C. by tomorrow.

B/o.

mar/prv