R Annapurna vs. The State Of Ap

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

WRIT PETITION No.14187 OF 2020 ORDER:

The petitioner seeks a writ of mandamus declaring the action of respondents in seizing the Motor Car Toyoto Ithios GD BSIV bearing Registration No. AP 07 DE 6085 belong to the petitioner in pursuance of the Crime No.81 of 2020 for the offence u/Sec.34(A) of Andhra Pradesh Excise Act, is illegal and without jurisdiction and consequently direct the respondent Nos.2 and 3 to release the aforementioned vehicle.

2. Heard learned counsel for the petitioner, the learned Government Pleader for Home appearing on behalf of respondent Nos.1 & 2 and learned Government Pleader for Prohibition and Excise appearing on behalf of respondent No.3.

3. The learned counsel for the petitioner submits that the petitioner will approach the statutory authority, who is vested with the power and seek release of the vehicle.

4. The learned Government Pleaders expressed no objection if the statutory procedure is followed.

5. Hence, the writ petition is disposed of directing the 2 nd respondent who seized the vehicle of the petitioner to produce the vehicle before Deputy Commissioner of Prohibition & Excise, Vijayawada within three (03) days from the date of receipt of this order and the petitioner is permitted to move an application before the Deputy Commissioner of Prohibition and Excise seeking release of

the seized vehicle for interim custody pending proceeding under Section 46 of Andhra Pradesh Excise Act, 1968 and within three (03) days from the date of filing such application, the Deputy Commissioner of Prohibition & Excise shall dispose of the said application by passing an appropriate order in accordance with law. No costs.

As a sequel, Interlocutory Applications, if any pending for consideration, shall stand closed.

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U. DURGA PRASAD RAO, J

18.08.2020 MS