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2020 DIGILAW 714 (AP)

Peddi Reddy Kishore Kumar Reddy v. State Of Andhra Pradesh

2020-11-11

CHEEKATI MANAVENDRANATH ROY

body2020
JUDGMENT Cheekati Manavendranath Roy, J. - Aggrieved by the condition imposed by the Superintendent of Police, Chittoor District, in his order dated 03.11.2020, to furnish Fixed Deposit Receipt for an amount of Rs.2,50,000/-, towards the value assessed by the Motor Vehicle Inspector for the vehicle that was seized in connection with Crime No.152 of 2020 of Pedda Thippa Samudram Police Station, Chittoor District, to release the seized vehicle, this Writ Petition under Article 226 of the Constitution of India is filed by the petitioner. 2. Heard learned counsel for the petitioner and learned Government Pleader for Prohibition and Excise appearing for the respondents. 3. A case in Crime No.152 of 2020 was registered by Pedda Thippa Samudram Police, Chittoor District, for the offence punishable under Section 8(b)(ii) of the A.P. Prohibition Act. Incidentally, police have seized Mahindra Scorpio VLX car bearing Registration No.AP37BA 0045 in connection with the said crime. The petitioner, who is one of the accused and claiming to be the owner of the vehicle, filed a petition before the Superintendent of Police, Chittoor 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.2,50,000/-, as assessed by the Motor Vehicle Inspector for release of the vehicle. 4. Aggrieved by the said condition, the present Writ Petition is filed seeking modification of the same. 5. At the time of hearing of this Writ Petition, both the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise 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. 6. 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 third party immovable property security for Rs.2,50,000/- towards value of the vehicle that was seized, as security for release of the said vehicle. No costs. 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 third party immovable property security for Rs.2,50,000/- towards value of the vehicle that was seized, as security for release of the said vehicle. No costs. The miscellaneous petitions pending, if any, shall also stand closed.