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2022 DIGILAW 372 (AP)

Battula Mahesh Babu v. State of Andhra Pradesh

2022-04-01

R.RAGHUNANDAN RAO

body2022
JUDGMENT R. Raghunandan Rao, J. - a Splendor Plus two wheeler motor cycle bearing No.aP-39-BK-2996 belonging to the petitioner had been seized on 07.03.2022 in Crime No.37 of 2022, by the 3rd respondent on the ground that the said vehicle was transporting contraband. The petitioner submitted an application on 09.03.2022 to the 2nd respondent seeking release of the seized vehicle for interim custody pending confiscation proceedings. The petitioner has now approached this Court, by way of the present writ petition for release of the said vehicle on the ground that the vehicle is deteriorating in view of the vehicle being left exposed to the elements. 2. In similar circumstances, this Court had directed to release of such vehicle into the custody of his owner pending disposal of the main case. 3. accordingly, this writ petition is disposed of with the following directions: i) The 2nd respondent is directed to consider and pass appropriate orders on the representation dated 09.03.2022 submitted by the petitioner for interim custody of the vehicle pending confiscation proceedings by taking immovable property security equivalent to the value of the said vehicle from the petitioner within a period of one week from the date of submission of the said security. ii) The petitioner shall submit solvency certificate of the immovable property issued by the competent authority i.e., Tahsildar/Panchayat Secretary/Municipal Commissioner having jurisdiction over the area where the property is situated. iii) The petitioner shall produce encumbrance certificate obtained from online issued by the competent authority stating that the property is free from all encumbrances. iv) The petitioner shall produce an affidavit stating that the immovable property which is produced as security for release of the vehicle shall not be alienated without knowledge/permission of the confiscating authority. v) The petitioner shall produce the vehicle whenever it is required by the concerned authorities during pendency of the proceedings before them. vi) The petitioner shall not alienate the vehicle during the pendency of the proceedings. 4. There shall be no order as to costs. as a sequel, pending miscellaneous petitions, if any, shall stand closed.