.4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE Uiz PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12538 OF 2025 Between: SSK Chakravarthy, S/o SRK Vittal, Aged about 46years, Occ; Private Employee, R/0 J-202, Central Park West, Sholinganallur, Chennai, Tamil Nadu State. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District 2. The Station House Officer, Lakkavaram Police Station, Eluru District. 3. The Sub-Inspector of Police, Lakkavaram Police Station, Lakkavaram, Eluru District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly in the nature of writ of Writ of Mandamus declaring the action of the Respondent No. 3 to seize the Motor Vehicle Car bearing No. TN 10 AZ 8983 Volkswagen Ameo in connection with Crime No. 13 of 2025 registered with Respondent No.2 is highly illegal, arbitrary, unjust and against the Article 14, 20,300-A of the Constitution of India and also against the Section 106 of BNSS Act 2023 and also against the Principles of Natural Justice and consequently direct the Respondent Nos. 2 and 3 to release the Motor Vehicle Car bearing No. TN 10 AZ 8983 Volkswagen Ameo to Petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos. 2 and 3 to release the Motor Vehicle Car bearing No. TN 10 AZ 8983 Volkswagen Ameo to petitioner pending disposal of the case. Counsel for the Petitioner: SRI G VV S VARA PRASAD Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER 1 WP No.l2538of 2025 APHC010235222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12538/2025 Between: ...PETITIONER Ssk Chakravarthy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.G VVS VARA PRASAD Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: 2 WP No.12538 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.12538 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for Home. 2. The learned counsel for the petitioner submits that the petitioner is arraigned as A.9 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. 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. 3 WP No.12538 of 2025 The learned Assistant Government Pleader for Home, on instructions i submits that the vehicle was detained at the police station and not surrendered to the Magistrate Court. 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. 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 3"'^ respondent to release the car belonging to the petitioner (Volkswagen Ameo) bearing No.TN 10 AZ 8983 on submission of a copy of RC to the 3'^'^ respondent. 6. 7. With these'observations, the Writ Petition is disposed of. There shall be 8. no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand 9. closed. SD/-K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// ^ SECTION OFFICER To, 1. The Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District The Station House Officer, Lakkavaram Police Station, Eluru District. The Sub-Inspector of Police, Lakkavaram Police Station, Lakkavaram, Eluru District. 2. 3. 4. On© CC to Sri G VV S Vara Prasad, Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra 6. Three CD Copies Pradesh. [OUT] H HIGH COURT DATED;07/05/2025 ORDER WP.No.12538of2025 DISPOSING OF THE W.P., WITHOUT COSTS