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2025 DAILYLAW 10580 (AP)

ALLU UMAMAHESWARI v. THE STATE OF ANDHRA PRADESH

WP/6364/2025 · 2025-03-24

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010121072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6364/2025 Between: Allu Umamaheswari ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SIVA NAGARJUNA SIDHADAPU Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. GP FOR HOME The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6364/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “...to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in not releasing the Mini-Truck (four-wheeler) vehicle bearing No. AP39UW1639 namely Ashok Leyland Dost of the petitioner in connection with Crime No.329 of 2024 of Annavaram Police Station, Kakinada District as illegal, irregular and without authority and against the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicle of the petitioner forthwith in the interest of justice and pass such….” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. The petitioner herein is the owner of Vehicle bearing No.AP39UW1639, Ashok Leyland Dost Mini-Truck. The said vehicle was involved in the incident of transportation 400 liters of ID Arrack and an F.I.R has been registered on 12.112024 bearing F.I.R.No.329 of 2024 on the file of Annavaram Police Station, Kakinada District. Consequently, the Vehicle was also seized which is transporting of 400 liters of ID Arrack unauthorizedly. The Motor Vehicle Inspector has valued the vehicle at Rs.6,25,000/- (Six Lakh Twenty Five Thousand rupees only). 3 4. The petitioner has filed the present writ petition seeking release of the said Vehicle. He would submit that he will subject himself to any condition imposed by this Court. 5. Considering the facts and circumstances of the case, this court issues the following directions: I. The respondents shall release the vehicle bearing No. AP39UW1639 to the petitioner on condition of paying 50% of the vehicle value as per the letter addressed by the Motor vehicle inspector dated 21.03.2025. II. The petitioner shall file a personal affidavit before the Registry undertaking to indemnify the remaining cost of the Vehicle as fixed by the Motor Vehicle Inspector vide letter dated 21.03.2025 on account of any adverse order passed against the petitioner in the future. III. The petitioner shall produce the Vehicle in question as and when required in connection with the trail of the offence. IV. The petitioner shall not put the vehicle in question to any use other than his personal use. V. The petitioner shall not tamper with the Vehicle in any manner and shall maintain the same in good condition. 6. With the above directions, this Writ Petition is disposed of. After filing the personal affidavit by the petitioner, the Registry is directed to retain the same. Registry is further directed to attach a copy of the Affidavit filed by the petitioner along with the copy of this Order. No order as to costs. 4 Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 24.03.2025 LLSSPP 5 196 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.6364 of 2025 24.03.2025 LLSSPP