Smt. Mahendra Kaur v. The State Of Telangana, Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITON No. 35791 OF 2016 ORDER:

Questioning the seizure of Lorry bearing Registration No.OR‐07‐L‐5671 seized in COR No.519 of 2016 by respondent Nos.2 and 3, the present writ petition is filed.

2.

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.

3.

If the petitioner approaches the 2nd respondent Deputy Commissioner of Prohibition & Excise, Karimnagar, with an application, enclosing thereto a Fixed Deposit Receipt (FDR) drawn in favour of the Deputy Commissioner on any nationalized bank payable at Karimnagar, in a sum of Rs.10,000/‐ (Rupees ten thousand only), the Lorry bearing Registration No.OR‐07‐L‐5671 seized in COR No.519 of 2016 may be entrusted for interim custody to the petitioner, provided she produces necessary material in the form of the

Registration Certificate (RC) of the vehicle and also her identity proof and furnishing an undertaking that she will keep the vehicle insured at all times and that she will keep it in good running condition by maintaining it regularly, and that she will not create any 3rd party interests or charge thereon and that she 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.

Accordingly, the writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_________________________________________ JUSTICE CHALLA KODANDA RAM October 24, 2016 LMV