APHC010323752025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) Q FRIDAY,THE FOURTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16439 OF 2025 , Between: Gannavaram Neela Kanta Reddy, S/o Veera Reddy, R/o. Sompalli Village Muddanur Mandal, Kadapa District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, and Excise Department, Secretariat, Amaravati, Guntur District. ' 2. The Commissioner, Prohibition and Excise Department, Mangalagiri, Andhra Pradesh. 3. The Deputy Commissioner, Prohibition and Excise Department, Kadapa District. 4. The Superintendent of Police, Kadapa District. “ 5. The Station House Officer, Pulivendula, UG Police Station, Kadapa District. Prohibition At Velagapudi V..-' ...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 order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2"'^ respondent in Iity granting me interim custody of the vehicle bearing No. AP 39NR3718 Mahindra Scorpio to the petitioner as being illegal, contrary to law arbitrary and violative of principles of natural justice and violative of Articles 19(1)(g) and 21 of the Constitution of India and consequentially direct the respondents to consider the petitioner representation and release the petitioners vehicle bearing No. AP 39NR3718, Mahindra Scorpio in Cr.No.2§1 of 2024 of SHO Puhvendula UG Police Station, Kadapa District as interim custody. lA NO: 1 OF 2Q2fi 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 respondents to release the petitioner’s vehicle (Mahindra Scorpio) bearing Reg. AP39NR37i8 which was seized in Cr. No.291 of 2024 of Pulivendula Police Station, Kadapa District. Counsel for the Petitioner: M/s. A.PADMA VANDITHA x. Counsel for the Respondent Nos.1 to 5: GP FOR PROHIBITION EXCISE & The Court made the following order: APHC010323752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] ?: FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16439/2025 Between: 1.GANNAVARAM NEELA KANTA REDDY. S/0 VEERA REDDY, R/0. SOMPALLI VILLAGE, MUDDANUR MANDAL, KADAPA DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL AND EXCISE DEPARTMENT, GUNTUR SECRETARY, PROHIBITION SECRETARIAT, AT VELAGAPUDI, AMARAVATI DISTRICT. 2.THE COMMISSIONER. PROHIBITION AND EXCISE DEPARTMENT, MANGALAGIRI, ANDHRA PRADESH. 3.THE DEPUTY COMMISSIONER. PROHIBITION AND EXCISE DEPARTMENT KADAPA DISTRICT. 4.THE SUPERINTENDENT OF POLICE, KADAPA DISTRICT. 5.THE STATION HOUSE OFFICER, PULIVENDULA, UG POLICE STATION, KADAPA DISTRICT. ...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 order, writ or direction, more particularly one in the nature of Writ f Mandamus declaring the inaction of the 2nd respondent in granting me interim custody of the vehicle bearing No. AP 39NR3718, Mahindra Scorpio to the petitioner as being illegal, contrary to law arbitrary and violative of principles of natural justice and violative of Articles 19(1)(g) and 21 of the Constitution of India and consequentially direct the respondents to consider the petitioner representation and release the petitioners vehicle bearing No. AP 39NR3718, Mahindra Scorpio in Cr.No. 291 of 2024 of SHO Pulivendula UG Police Station, Kadapa District as interim custody and to pass such lA NO: 1 OF 2025 I 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 respondents to release the petitioner’s vehicle (Mahindra Scorpio) bearing Reg. AP39NR3718 which was seized in Cr. No. 291 of 2024 of Pulivendula Police Station, Kadapa District and to pass such Counsel for the Petitioner; 1.A.PADMA VANDITHA Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE The Court made the following: \/ 0 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16439/2024 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “to issue a Writ, order, writ or direction more particularlyone in the nature of Writ of Mandamus declaring the inaction of the 2”^^ respondent in granting me interim custody of the vehicle bearing No.AP 39NR3718, Mahindra Scorpio to the petitioner as being illegal, contrary to law, arbitrary and violative of principles of natural justice and violative of Articles 19(1)(g) and 21 of the Constitution of India and consequentially direct the respondents to consider the petitioner representation and release the petitioner’s vehicle bearing No.AP 39NR3718 Mahindra Scorpio in Cr.No.291 of 2024 of SHO Pulivendula UG Police Station, Kadapa District as interim custody and to pass such other order or orders....’’ Heard learned counsel for the petitioner and learned Government 2. Pleader for the respondents. The petitioner herein is the owner of Vehicle bearing No.AP39 NR 3718, Mahindra Scorpio. The said vehicle was involved in the incident of bootlegging 3. and an F.I.R has been registered on 30.08.2024 bearing F.I.R.No.291 of 2024 on the file of Pulivendula Police Station, Kadapa District. Consequently, on 30.08.2024, the Vehicle was also seized which is carrying 24 bottles of Mansion House Brandy unauthorizedly. Later, confiscation proceedings were initiated by the 2'^'^ respondent on 04.02.2025. 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. Considering the facts and circumstances of the case, this court issues the following directions: 5. The respondents shall release the vehicle bearing No. AP39 NR 3718, Mahindra Scorpio to the petitioner on condition of furnishing bank guarantee of Rs.2,00,000/- (Rupees Two Lakhs only). 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. The petitioner shall produce the Vehicle in question as and when required in connection with the trail of the offence. The petitioner shall not put the vehicle in question to any use other than his personal use. I. IV. 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.PRABHAKAR RAO ASSISTANT REGISTER //TRUE COPY// SECTION OFFICER To, and Excise Department, State of 1. The Principal Secretary, Prohibition Andhra Pradesh, Secretariat 2. The commissioner. Prohibition and Excise Department, Mangaiagin At Velagapudi, Amaravati, Guntur District. Andhra Pradesh. 3. The Deputy Commissioner Kadapa District. 4. The Superintendent of Police, Kadapa District. 5. The Station House Officer, Pulivendula, UG Police Station, Kadapa Dfstrict. 6. Ojie CC to M/s. A. Padma Vanditha, Advocate [OPUC] 7. Two CCs to GP for Pradesh [OUT] 8. Two CD Copies. (Along with a copy of the pe along with the copy of this order) Prohibition and Excise Department, Prohibition and Excise, High Court of Andhra ^^al affidavit filed by the petitioner ssb HIGH COURT DATED:04/07/2025 ORDER WP No.16439 OF 2025 .f 16 JUL 2025 B Current Secnon . DISPOSING OF THE W.P. WITHOUT COSTS INDIA NON judicial Gayj^rmnerit o¥ gp07946386043510X M; 1. *» t 0 e-Stant^’ IN-AP07946386043510X 14-Jul-2025 11:13 AM NEWIMPACC (SV)/ ap1823l'i604/ AP-CDP/ AP-PVD/apkopham 27002308001 O/o IG R SUBIN-APAP1823160401180574168509X Gangavaram Neelakanta Reddy Son of G Veera Reddy - jArlicle 6 Agreement ^REEMENT m rm „ ? Issued Date No. oufit Reference Code I Reference Purch^l^y s Descrfotio^ii^l^^ Properly Oesfcripttiont^ § Corrsideration Price (Rs ) • * ip^ ; S S’ m K. W)M/2p23 0^Y.S.R$>t. tWi833 : S.VLLNo:2;8a^^ (tti nt mj MB PS * “I o Gangav%ajTi'Neefal(^Ta Re'ddy^son of G Vo Not Applicable Gangavaram Neelakanta Reddy Son of G Veera Reddy I j' '■ ' (One Hundred only) wm 1 m :-X, , First Party' Second Party < = o, “ => o.-o ■ i. 3 O « I ^ Paid By (For Whom) tl G Q 5 •t O o I I o 100 stamp Duty Amount(Rs) ■S“ < P o o .m o. ■.P': .p' S o o. o 0-0 P p o m ~rA:. ■ ! n ;0; I O ■ ri o - ■ i a 3 .its i I M > 1 ly, |> ' I "IS llIK , . . V' , "t T' I > I I I I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI W.P. No. 16439 of 2025 V i ~S.'® 3 :n: ■ • I Between: I G. NeelaKanta Reddy, I S/o Veera Reddy, ^ R/o. Sompalli village, - MuddanurMandal, Kadapa District: «( 3 SM '.M r ■ . t 3 rjv t ... Petitioner/Owner of the vehicle And I * 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Prohibition & Excise Department, Secretariat At Velagapudi, Amaravati, Guntur District. <i'? 5^SS I 1 Pi I I .V- 0014338753 5 ■3:' ■*1 2. The Commissi^eT.^^teHi^^* statJtorptiUbition and Ex'dist'l^partmeitt i!!tMh^f%(W’,tAMlr^rp7ad4s't^i 2 th^ } o \ le'-krg th« iecil i /vww^'shciiestnnfa cck HolrJinq le 'on the vvebsit'e iacv ts on. tne sers of the. certificate ...... Ijiei- 1 r 3. The Deputy Commissioner, Prohibition an'd Excise Department Kadapa District. 4. The Superintendent of Police Kadapa District. 5. The Station House Officer, Pulivendula, UG Police Station Kadapa District. ...Respondents AFFIDAVIT I G. NeelaKanta Reddy, S/o Veera Reddy, R/o. Sompalli village, MuddanurMandal, Kadapa District, do hereby solemnly and sincerely affirm and state an oath as follows I most respectfully submit that I am the petitioner and the owner of the vehicle Mahindra Scorpio in W.P. No. 16439 of 2025 before the Hon’ble High Court of Andhra Pradesh at Amaravati. 2. I humbly submit that I am the registered owner of the vehicle viz., Mahindra Scorpio bearing Reg No. AP 39 NR 3718 which was seized in the alleged Cr.No. 291 of 2024 of Pulivendula UG Police Station, Kadapa District, Dt. 30.08.2024 for the offences alleged to have been committed under Section 34(a) of the A.P. Excise Act, 1968. 3. I submit that I filed a Writ Petition vide W.P. No. 16439 of 2025 before the High Court of Andhra Pradesh at Amaravati, challenging the acion of the respondents therein in not considering my representation for grant of custody of the vehicle (Mahindra Scorpio) bearing Reg. No. AP 39 NR 3718 which seized in an alleged Cr. No. 291 of 2024 of Pulivendula UG Police Station, Kadapa District Dt. 30.08.2024 as illegal, arbitrary and in violation of Article 19(1)g and 21 and 300-A of the Constitution of India, consequentially direct the respondents therein to grant custody of my vehicle (Mahindra Scorpio) bearing Reg. No. AP 39 NR 3718 by accepting third party collateral security for the value of car. 1. was I humbly submit that when the matter has come up for hearing on 03.07.2025, this Hon’ble Court had directed the learned Counsel for the petitioner to have a personal affidavit of the Writ Petitioner filed undertaking to indemnify Rs. 2,00,000/-. Accordingly^ Qp 03.07.2025, I was directed by this Hon’ble Court to submit an affidavit on Rs. 100/- Non Judicial Stamps, before the Hon ble Court of Andhra Pradesh At Amaravati for release of my vehicle (Mahindra Scorpio) Reg.. No. AP 39 NR 3718. 5. I most respectfully state and submit that I shall abide by all the conditions that are imposed by this Hon’ble Court for the custody of the vehicle to and I shall cause produce the vehicle for or during an enquiry or for before any court of Law or before any adjudicating authority if required and I shall abide by the final orders passed by the competent court or any Authority and undertake to indemnify the respondents and authorities to the extent of Rs. 2,00,000/- for any breach of undertaking or representation directly or indirectly, arising out of or related to the above vehicle in the above crime or for any breach or violation of any order or any condition imposed by the Hon’ble Court or any covenant or other obligation or duty of the petitioner under applicable law. 4. me I humbly pray that the Hon’ble Court may be pleased to receive the Notarized Affidavit Rs. 100/- Non Judicial Stamp and record undertaking and the indemnity and direct the respondents to release the above said vehicle bearing Reg. No. AP 39 NR 3718, Mahindra Scorpio which was seized in Cr. No. 291 of 2024 dated 30.08.2024 of Pulivendula UG Police on my Station, Kadapa District, forthwith in the interest of justice and pass such other order or orders as this Hon’ble Court may deem and proper in the circumstances of the case l^tPONENT Sworn and signed before me on this the 15^^ day of July, 2025 Ad vocateTTVffTaravatr' ■ .c— kD - 6. , f INDIA NON JUpictAL Govetftjnertt of iJhraPraaesh-'-wir’’®™®^^*’' \ liliifi ::t. s*" e-Stanip x’st. 3SS,« A '' V. •Si 0 < A & S No IN-AP07965188385238X 14-Jul-2025 11 34 AM NEWIMPACC (SV)/ap18231604/AP-CDP/AP-PVD/apkopharu 27002308001 O/o IG R SUBIN-APAP18231604012l7i33270435X Gangavaram Neelakanta < ay Gettificate Issued Date a " ' s “ Account Reference ry t*-/! DEjGCode ^ , ~7 t-- 'Ik, $ Uniqu^JS^ Reference I PurcH&^by i i Ic' KLAmm on of G Veera Reddy ■4* rticle 6 Agreement M04/2(a3 v.s.aa fCea:7416991833 I ''i Wam REEMENT m i’i\ **> t \sg Consideration Price (Rs ) PirsfP^^^V' ■ !> Second Party ^|i.,,.,vPatdBy(FdrWhom) 1 Stamp Duty Amount(Rs.) Q ** -O ' ; O o ® o IS o O Not Applicable Gangavaram Neelakanta ReddyjSon of G Voura Reddy O © o © O ° „ “s » O ® O o O O \ 100 iil ss »1> (One Hundred only) 0 O 3 0 I o c * f; c ft © c WM O -? ® o © V « ' e o o #• I - - 50 ♦ 9 9 O ■^5 a 9 TJ a O 9 < K ^ 7 9 'i \ jj '- n i rL it—' •”1 t (■ v •[ • •i below this line ii :m iy y g r I, GannavaramNeelaKanta Reddy, S/oi/eera Reddy, R/o. Sompallt village, MuddanurMandal, Kadapa District having temporarily come down to Amaravati do hereby declare that the contents of the said affidavit and correct to the best of my knowledge, belief information and on legal advice. Hence, verified on this the 15‘^ day of July, 2025 at Vijayawada.' \\ Pi" i •<r \ < ,r r ' \ ^Pi \ d - mm aretrup ' I* I . -*£ 4 .1 s < i •V f T ir . vSo^ ^ ^ " Deponent Counsel for the Petitioner t j. V 5 \ > < '.y ■4. ft: it; K r n < 0Q14338756I f t s<S \ 'ts •$-« Statutory Alert 2 1 he pnus.ot checkrng the leGft!n-:acy>is on .the-users of the cert»f:cate \\\Vs is ■>!JO /-.< fKii ‘ Vv,rsr>i»»«!'<1 'i l ♦