Ediga Malathi vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Cheekati Manavendranath Roy
Listed On:
22 Feb 2021
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Order Text
HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
ORDER:
Writ Petition No.3349 of 2021
Aggrieved by the condition imposed by the Superintendent of Police, Ananthapuramu, in his proceedings dated 05.12.2020, to furnish Fixed Deposit Receipt for an amount of Rs.4,00,000/-, towards the value assessed by the Motor Vehicle Inspector for the vehicle that was seized in connection with Crime No.479 of 2020 of Gorantla Police Station, Ananthapuramu District, to release the seized vehicle, this Writ Petition under Article 226 of the Constitution of India is filed by the petitioner.
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Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for the respondents.
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A case in Crime No.479 of 2020 was registered by Gorantla Police, for the offences punishable under Section 34(a) of the A.P. Excise Act and Section 8(b)(i)(ii) of the A.P. Prohibition Act. Incidentally, police have seized the car bearing Registration No.AP39 DQ 5820 in connection with the said crime. The petitioner, who is claiming to be the owner of the vehicle, filed a petition before the Superintendent of Police, Ananthapuramu District, seeking interim custody of the said vehicle. The said petition was allowed on condition that the petitioner shall furnish a Fixed Deposit Receipt for an amount of Rs.4,00,000/-, as assessed by the Motor Vehicle Inspector for release of the vehicle.
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Aggrieved by the said condition, the present Writ Petition is filed seeking modification of the same.
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At the time of hearing of this Writ Petition, both the learned counsel for the petitioner and the learned Government Pleader for Home would submit that this is a covered matter and when similar condition was imposed for release of the vehicles and the same was questioned before this Court in W.P.No.14783 of 2020, this Court allowed the said Writ Petitions on 08.09.2020, and modified the condition permitting the petitioners therein to furnish immovable property as security for release of the vehicles. Therefore, they would submit that the petitioner herein is also entitled to the similar order.
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Therefore, in view of the aforesaid order of this Court in W.P.No.14783 of 2020, dated 08.09.2020, this Writ Petition is allowed. The above condition is accordingly modified and the petitioner herein is directed to furnish her or third party immovable property for Rs.4,00,000/- towards value of the vehicle that was seized, as security for release of the said vehicle. The said security relating to the immovable property shall be in conformity with the Stamps and Registration Act. No costs.
The miscellaneous petitions pending, if any, shall also stand closed.
JUSTICE CHEEKATI MANAVENDRANATH ROY Date:22.02.2021. Note: Issue C.C. by 24.02.2021. B/O cs
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