& • J • A ■APHC010322942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE • PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16591 OF 2025 Between: Rajbhara Shafi Ahamed, S/o Mahammed Ali, Aged about 39 years, Occ- Travel Business, R/o 23/10A-1, Karvan Pet, Adoni, Kurnool District, Andhra Pradesh - 518301. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Excise) Department, Secretariat Buildings, VeJagapudi, Amaravathi, Guntur District. 2. The Commissioner of Prohibition and Excise, Andhra Pradesh, Excise Complex, RS No.88-2B, Sai Vihar Apartments, Poultry Farm Road, Prasadampadu (V), Vijayawada - 521108. 3. The Deputy Commissioner, Prohibition and Excise, Excise Compound, Opp Urdu School, Kurnool, Andhra Pradesh. 4. The Prohibition and Excise Station, Adoni, Kurnool District, Rep. by its Station House Officer. ...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 a writ or direction, more particularly one in the nature of a w Writ of Mandamus, declaring the action of the 3rd respondent in not releasing the vehicle of the petitioner, i.e., Mahindra and Mahindra Limited Bolero Pik- up FB PS 1.7T XL bearing No. AP 39 TU 8886, which is in the custody of the 4th respondent from 04-03-2025, despite the petitioner^ petition dated 03-06-2025 for its interim custody, as illegal, arbitrary, unconstitutional, and violative of the provisions of the Andhra Pradesh Excise Act , 1968, and consequently direct the 3rd respondent to release the vehicle of the petitioner from the custody of the 4th respondent immediately, by granting interim custody of the vehicle to the 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 direct the 3rd respondent to release the vehicle of the *Mahindra& Mahindra Limited Bolero Pik-up FB PS 1.7T XL’ bearing No. AP 39 TU 8886, from the custody of the 4th respondent by granting custody of the vehicle to the petitioner. Counsel for the Petitioner: M/S. SASANKA BHUVANAGIRI Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following order: to petitioner i.e. interim APHC010322942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] .rtM- WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16591/2025 Between: 1.RAJBHARA SHAFI AHAMED,, S/0 MAHAMMED All,AGED ABOUT 39 YEARS, OCC- TRAVEL BUSINESS, R/0 23/LOA-L, KARVAN PET, ADONI, KURNOOL DISTRICT, ANDHRA PRADESH-518301. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (EXCISE) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER OF PROHIBITION AND EXCISE, ANDHRA PRADESH, EXCISE COMPLEX, RS N0.88-2B APARTMENTS, POULTRY FARM ROAD VIJAYAWADA-521108. SAI VIHAR P RASADAM PAD U (V), 3.THE DEPUTY COMMISSIONER, PROHIBITION AND EXCISE, EXCISE COMPOUND, OPP URDU SCHOOL, KURNOOL, ANDHRA PRADESH. 4.THE PROHIBITION AND EXCISE STATION, ADONI, KURNOOL DISTRICT, REP. BY ITS STATION HOUSE OFFICER. ...RESPONDENT(S); 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 tomay be pleased to issue a writ or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the 3rd respondent 2 in not releasing the vehicle of the petitioner, i.e., Mahindra and Mahindra Limited Bolero Pik-up FB PS 1.7T XL bearing No. AP 39 TU 8886, which is in the custody of the 4th respondent from 04-03-2025, despite the petitioners petition dated 03-06-2025 for its interim custody, as illegal, arbitrary, unconstitutional, and violative of the provisions of the Andhra Pradesh Excise Act, 1968, and consequently direct the 3rd respondent to release the vehicle of the petitioner from the custody of the 4th respondent immediately, by granting interim custody of the vehicle to the petitioner, and pass i 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 may be pleased to direct the Cr'^respondent to release the vehicle of the petitioner i.e, *Mahindra& Mahindra Limited Bolero Pik-up FB PS 1.7T XL’ bearing No. AP 39 TU 8886, from the custody of the d'^respondent by granting interim custody of the vehicle to the petitioner and pass Counsel for the Petitioner: 1.SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE The Court made the following: 3 A THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16591/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a Writ, orde,r writ or direction more particularly one In the nature of Writ of Mandamus declaring the action of the 3""' respondent in not releasing the vehicle of the petitioner i.e., Mahindra and Mahindra Limited Bolero Pik-up FB PS 1.7T XL bearing No.AP 39 TU 8886 which Is In the custody of the 4^^ respondent from 04.03.2025 despite the petitioner’s petition dated 03.06.2025 for its interim custody as illegal, arbitrary, unconstitutional and violative of the provisions of the Andhra Pradesh Excise Act, 1968 and consequently direct the 3 respondent to release the vehicle of the petitioner from the custody of the 4^^ respondent immediately by granting interim custody of the vehicle to the petitioner and to pass such other order or orders....’’ rd 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. The petitioner herein is the owner of Vehicle bearing No.AP39 TU 8886, Mahindra & Mahindra Limited Bolero Pik-up FB PS 1.7T XL. The said vehicle was involved in the incident of bootlegging and an F.I.R.No.72 of 2025 has 3. been registered against the petitioner on the file of Prohibition and Excise Police Station, Adoni, Kurnool District. Consequently, the Vehicle was also 4 seized which is carrying IMFL liquor bottles unauthorizedly and contrary to law. 4. The petitioner has filed the present writ petition seeking release of the said Vehicle. He would submit that he will be subject to himself to any condition imposed by this Court for release of the same for interim custody. 5. The learned Assistant Government Pleader not refuted the release of vehicle with suitable conditions to secure for production of vehicle as and when necessary. 5. Considering the facts and circumstances of the case, this court inclined to issue the following directions: The respondents shall release the vehicle bearing No. AP39 TU 8886, I. Mahindra & Mahindra Limited Bolero Pik-up FB PS 1.7T XL to the petitioner on condition of furnishing bank guarantee of Rs.2,00,000/- (Rupees Two Lakhs only) or immovable property as security. 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 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. 5 The petitioner shall not tamper with the Vehicle in any manner and shall maintain the same in good condition. 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. V, 6. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- M. SRI^41VAS ASSISTANT REGISTRAR //TRUE COPY// SECTIO^OFFSCER To, 1. The Principal Secretary, Revenue (Excise) Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Prohibition and Excise, Andhra Pradesh Complex, RS No.88-2B, Sai Vihar Apartments, Poultry Farm Road, Prasadampadu (V), Vijayawada - 521108. 3. The Deputy Commissioner, Prohibition and Excise, Excise Compound, Opp Urdu School, Kurnool, Andhra Pradesh. 4. The Station House Officer, Prohibition and Excise Station, Adoni, Kurnool District. 5. One CC to M/s. Sasanka Bhuvanagiri Advocate [OPUC] 6. Two CCs to GP for Prohibition & Excise, High Court of Andhra Pradesh [OUT] 7. Two CD Copies (Along with a copy of the Personal Affidavit filed by the Petitioner) Excise TF f HIGH COURT DATED:09/07/2025 ORDER WP NO. 16591 OF 2025 ^ 0 7 AUG 2025 X iNCjliTtnl Stclioii.^^^ DISPOSING OF THE W.P., WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI / y W.P,No. 16591 OF 2025 Between: Rajbhara Shaft Ahamed, S/o Mahammed Ali, Aged about 39 years, Occ: Travel Business, R/o 23/lOA-l, Karvan Pet, Adoni, Kurnool District, Andhra Pradesh - 518301. ■‘j .... Petitioner And The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Excise) Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 1. 2. The Commissioner of Prohibition and Excise, Andhra Pradesh, Excise Complex, RS No.88-2B, Sai Vihar Apartments, Poultry Farm Road, Prasadampadu (V), Vijayawada - 521108. 3. The Deputy Commissioner, Prohibition and Excise, E.xcise Compound, Opp Urdu School Kurnool, Andhra Pradesh. 4. Th^Prohibition and Excise Station, Adoni, Kurnool District, • Rep. by its Station House Officer. ... Respondents i affidavit I, Rajbhara Shafi Ahamed, S/o Mahammed Ali, aged about 39 years, Occ: Travel Business, R/o 23/lOA-l, Karvan Pet, Adoni, Kurnool District, Andhra Pradesh - 518301, do hereby solemnly affirm and state on oath as follows; I respectfully submit that I am the Petitioner herein as such well acquainted with the facts of the 1. case. 2. I respectfully submit that this Hon'ble Court, vide its Order dated 09.07.2025 in Writ Petition No. 16591 of 2025, has directed the release of my vehicle, namely Mahindra & Mahindra Limited Bolero Pik-up FB PS 1.7T XL bearing No. AP 39 TU 8886, subject to certain conditions, including the furnishing of a bank guarantee of Rs.2;00,000/- (Rupees Two Lakhs only) or immovable property as security, and the filing of this personal affidavit before the Registry undertaking to- indemnify the remaining cost of the vehicle as fixed by the Motor Vehicle Inspector in the event of any adverse order passed against me in the future. In compliance with the aforesaid Order of this Hon'ble Court, I hereby undertake as follows: a. I shall indemnify the remaining, cost of the vehicle, as fixed by the Motor Vehicle Inspector, in the event of any adverse order passed against me in the future proceedings related to this matter, b. I shall produce the vehicle in question as and when required in connectic^ with the trial of the offence registered in FIR No. 72/2025 on the file of the Prohibition and Excise Police Station, Adoni, Kurnool District, or any other related proceedings, c. I shall not put the vehicle in question to any use other than my personal use. d. I shall not tamper with the vehicle in any manner and shall maintain the same in good condition. A ‘i: 11 KV w 4. I further submit that I shall abide by all the conditions imposed by this Honble Court in its Order dated 09.07.2025 and any violation thereof shall render me liable for appropriate action as per law. 5. The contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom 11 Sworn and signed his name This the 30^^ day of July, 2025 At Adoni on f Deponent Advocate; Adoni fi t'. ' Verification Statement I, Rajbhara Shall Ahamed, S/o Mahammed AJi, aged about 39 Kurnool m. years, Occ: Travel Business, R/o 23/lOA-l, Karvan Pet, Adoni District, Andhra Pradesh - 518301, do here by declare the contents of the affidavit are read over to me and explained in Telugu and I state that are true to my knowledge 30th day of July, 2025 at Adoni. the contents in Paras 1 to 5 in the affidavit based on legal advice. Verified on this 'I G nsel for petitioner i Deponent i I