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Andhra High Court · body

2005 DIGILAW 249 (AP)

R. Agum Goud v. Deputy Commissioner of Prohibition and excise, Hyderabad

2005-03-16

D.S.R.VERMA

body2005
( 1 ) HEARD both sides. Perused the material placed before me. ( 2 ) PETITIONER aggrieved by the order of the first respondent in insisting him to furnish f. D. R. equivalent to the value as assessed by the Motor Vehicles Inspector to release the vehicle bearing No. AP 28 D 3502 towards interim custody, filed this writ petition. ( 3 ) IT seems that the vehicle of the petitioner was seized allegedly while carrying toddy and a case in crime No. 125 of 2004-05 was also registered to that effect. It further seems that when the petitioner approached the first respondent-seeking interim custody of the vehicle, the first respondent insisted the petitioner to furnish F. D. R. equivalent to the value as assessed by the Motor Vehicles inspector, to release the vehicle in question. Hence the present writ petition. ( 4 ) HOWEVER, when the matter is taken up for hearing, the learned counsel for the petitioner brought to the notice of this Court that the matter is squarely covered by the order of this Court in WPMPNo. 5178 of 2005 in W. P. No. 3836 of 2005, which reads as under: "having regard to the facts and circumstances of the case, I feel it expedient, in the light of the interim order passed by another learned judge of this Court in WPMP No. 26043 of 2004 in W. P. No. 19907 of 2004 to direct the 1 st respondent to release the lorry bearing No. AP 28 T 9117 to the petitioner on the condition of the petitioner furnishing a written undertaking to the first respondent not to alienate or otherwise dispose of the lorry pending finalization of further proceedings under A. P. Excise Act and on further undertaking to produce the same as and when required by the 1st respondent. " ( 5 ) IN that view of the matter, this writ petition is disposed of at the stage of admission directing the first respondent herein to release the vehicle bearing No. AP 28 D 3502 to the petitioner on condition of the petitioner furnishing an undertaking to the respondent not to alienate the vehicle or otherwise dispose of the same pending finalisation of further proceedings under the a. P. Excise Act and on further undertaking to produce the vehicle as and when required by the first respondent.