R.Ashok vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Excise)
Before:
Hon'ble Battu Devanand
Listed On:
5 Nov 2021
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Order Text
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: W.P.No.18749 of 2021
PROCEEDING SHEET
| Sl.<br>No | DATE | ORDER | |
|---|---|---|---|
| 05.11.2021 | DEV, J<br>I.A.No.2 of 2021 | ||
| This application is filed seeking to release the | |||
| vehicle bearing No.KA-53-AA-1284 in favour of the | |||
| petitioner. | |||
| On 02.09.2021, this Court admitted the Writ | |||
| Petition filed by the petitioner and<br>there is an | |||
| interim suspension of the proceedings issued by the | |||
| 2nd respondent dated 04.08.2021. | |||
| Basing on the representation<br>made by the | |||
| counsels, at that stage, this Court observed that the | |||
| interim custody of the vehicle shall be given to the | |||
| petitioner on the same terms and conditions passed | |||
| while releasing the vehicle<br>during the confiscation | |||
| proceedings. | |||
| Now,<br>the learned counsel for the petitioner | |||
| submitted that his vehicle was not released and it is | |||
| still in the custody of the respondents. | |||
| The learned Government Pleader appearing | |||
| for the respondents<br>submits that the<br>petitioner | |||
| failed to produce the security to release the vehicle | |||
| and due to that reason, the vehicle is not released. | |||
| Having heard the submissions of both the | |||
| counsels, in the considered opinion of this Court, it |
is appropriate to direct the respondents to release the confiscated vehicle in favour of the petitioner due to reason that the vehicle is kept in the police station premises from its date of seizure to till now and there is every possibility for damage of the vehicle due to exposure to sun and rain and it will lose its road worthiness. It is not useful for the petitioner and the respondents also, if vehicle is further damaged.
Accordingly, there shall be an interim direction to the respondents to release the vehicle bearing No.KA-53-AA-1284 in favour of the petitioner on condition of furnishing immovable security of the property situated in the State of Andhra Pradesh equivalent to the value of the seized vehicle within the period of two(2) weeks from today. The petitioner shall not alienate the vehicle or change its physical features pending finalization of this Writ Petition.
_________ DEV, J
TM
W.P.No.18749 of 2021
For filing counter, post on 19.11.2021.
_________ DEV, J
TM