Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 14982 (AP)

BANDARU GANGA SURESH v. THE STATE OF ANDHRA PRADESH

WP/9588/2025 · 2025-04-10

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 W.P. No.9588 of 2025 APHC010188642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 9588/2025 Between: Bandaru Ganga Suresh ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G V V S VARA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 W.P. No.9588 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.9588 OF 2025 ORDER: 1. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner is arraigned as A.3 in Crime No.13 of 2025 of Lakkavaram Police Station, Eluru, registered for the alleged offences under Sections 292, 296 read with 3(5) of BNS and Section 6 of Indecent Representation of Women (Prohibition) Act, 1986 and 34(A) of A.P. Excise (Amendment) Act, 2020. 3. It is submitted that A.1 and A.2 have arranged a party in a private farm and the petitioner is one of the person attending the said party. The police on 19.01.2025 at around 02:30 A.M., have arrested the petitioner and others and the car belongs to the petitioner was seized by the police. 4. The learned counsel for the petitioner submits that the petitioner has only attended the party and was not aware of the liquor served there. It is submitted that no liquor bottles were found or seized from the car of the petitioner by the police to seize the said vehicle. 3 W.P. No.9588 of 2025 5. The learned counsel for the petitioner submits that at around 10 persons attended the party and 26 liquor bottles were seized. Even as per the Excise Act, number of bottles was within the permissible limit. 6. The learned Assistant Government Pleader for Home, on instructions, submits that the vehicle was detained at the police station and not surrendered to the Magistrate Court. 7. Considering the submissions, it is evident that the vehicle belongs to the petitioner is not involved in commission of the alleged crime. The petitioner attended the party hosted by his friends and for attending the party, the petitioner has to travel by some mode. The seizure of the car belongs to the petitioner, though the same is not involved in any crime, is an act of high handedness by the Station House Officer. 8. Considering the submission of learned counsel for the petitioner that the car would be exposed to weather and would depreciate if it is detained in the police station without any crime or reason, this Court deems it appropriate to direct the 3rd respondent to release the car belonging to the petitioner vide bearing No.TS 07 JD 0009 on submission of a copy of RC to the 3rd respondent. 4 W.P. No.9588 of 2025 9. With these observations, the Writ Petition is disposed of. There shall be no order as to costs. 10. As a sequel, miscellaneous applications pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date:10.04.2025 BV