R. Ramakrishna Naik, S/o. R. Dasu Naik v. State of AP, Rep. , By Its Principal Secretary, Excise Department
2025-10-08
TARLADA RAJASEKHAR RAO
body2025
DigiLaw.ai
ORDER : TARLADA RAJASEKHAR RAO, J. The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the respondents is not releasing the vehicle Maruti Eeco 7 STR STD bearing registration No.AP 39 LD 6927 seized in Cr.No.70/2024 dated 23.09.2024 under Sections 7(B) read with 8(A) of the Andhra Pradesh Prohibition (Amendment) Act, at Jaladurgam Police Station in spite of readiness of the petitioner to furnish the third party surety as bearing illegal, arbitrary and unjust and Consequently direct the respondent to release the vehicle and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case”. 2. Precisely, the Writ Petition is filed seeking a direction to release the seized vehicle of the petitioner, i.e., Maruthi Eeco 7 STR STD Car bearing registration No.AP 39 LD 6927. 3. Learned counsel for the petitioner relied on the orders of this Court in W.P.No.19736 of 2022 dated 08.07.2022, W.P.No.5032 of 2023 dated 01.03.2023 and W.P.No.13322 of 2024 and urges this Court to extend the similar order to the petitioner herein. 4. Learned counsel appearing for the petitioner would submit that the petitioner is the registered owner of the vehicle and the police have illegally seized the vehicle and implicated the petitioner’s brother-in- law in the alleged crime registered in Crime No.70 of 2024 under Section 7-B read with Section 8-A of the A.P. Prohibition Act, 1995 registered by the 3 rd respondent–The Sub-Inspector of Police, Jaladurgam Police Station. Therefore, learned counsel for the petitioner requests this Court to direct the respondents to release the vehicle. 5. This Court on 28.10.2024 and 06.10.2025 has granted time to secure instructions and directed the learned State Counsel to secure instructions and the learned State Counsel is unable to secure instructions. 6. Keeping in view the above circumstances, this Court is inclined to dispose of the present Writ Petition by following the aforesaid orders of this Court, referred above. 7.
This Court on 28.10.2024 and 06.10.2025 has granted time to secure instructions and directed the learned State Counsel to secure instructions and the learned State Counsel is unable to secure instructions. 6. Keeping in view the above circumstances, this Court is inclined to dispose of the present Writ Petition by following the aforesaid orders of this Court, referred above. 7. Therefore, this Writ Petition is disposed of, directing the respondent-authorities to grant interim release/interim custody of the vehicle of the petitioner, i.e., Maruthi Eeco 7 STR STD bearing registration No.AP 39 LD 6927, seized in Crime No.70 of 2024 under Section 7-B read with Section 8-A of the A.P.Prohibition Act, 1995 registered by the 3 rd respondent–The Sub-Inspector of Police, Jaladurgam Police Station, on furnishing collateral security for an amount of Rs.1,00,000/- (Rupees one lakh only). It is further directed the respondents to forthwith release the aforesaid vehicle of the petitioner subject to the conditions of the petitioner furnishing security in the form of fixed deposit for a sum of Rs.1,00,000/- (Rupees one lakh only) and the petitioner is directed not to change the physical features of the vehicle and not to alienate the vehicle in favour of third party and the petitioner is further directed to execute an affidavit to that extent. The concerned authority is directed to communicate the same to the concerned RTA Authorities about the seizure of the vehicle of the petitioner and pendency of the investigation in the subject crime. It is also made clear that the order of this Court shall be subject to the outcome of the confiscation proceedings under the provisions of the A.P. Excise Act. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.