Sunkaraboina Lingaiah v. Prl. Secy., Excise And Proh. Dept. And 2 ORS.

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Writ Petition No.39031 of 2017 ORDER:

This Writ petition, under Article 226 of the Constitution of India, is filed assailing the action of the respondents in not releasing the petitioner's vehicle i.e., DCM bearing No. AP 24 TB 1175, which was seized in connection with case in Crime No.270 of 2017 of Maripeda Police Station, Mahabubabad District.

I have heard the submissions of the learned counsel for the petitioner and the learned Government Pleader representing the respondents. I have perused the material record. Learned counsel for the petitioner would submit that in cases of similar nature, this Court is passing orders releasing the vehicles and that, therefore, the writ petition may be disposed of by passing appropriate orders.

Learned Government Pleader would submit that the vehicle involved in the crime is an expensive vehicle and, therefore, adequate conditions may be imposed while ordering to release the vehicle. Having regard to the facts and submissions, the Writ Petition is disposed of with the following directions: 'On the petitioner approaching the 2nd respondent with an appropriate application enclosing a Fixed Deposit Receipt, from a nationalised bank, drawn in favour of the said authority payable at Mahabubabad, for a sum of Rs.1,75,000/ - [Rupees one lakh seventy five thousand only], the subject vehicle viz., DCM bearing No.AP 24 TB 1175 shall be given interim custody to the petitioner on the petitioner further producing the necessary vehicular

documents including the registration certificate besides proof of identity and on undertaking to keep the vehicle insured at all times and in good running condition by regular maintenance and that he will not create any third party interests in any manner over the said vehicle and shall produce the same before any authority as and when directed without changing its features and major parts.'

There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. __________________ M.Seetharama Murti, J 20.11.2017 Note: Issue CC by 21.11.2017.

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