% fS h N ■ ^ *1 APHC010330042020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21890 OF 2020 Between: 1. Vennapusala Naresh, S/o.V.Ramapullaiah, Age; 27 years, Occ; Driver, R/o.D.No.2-195, B.Pappauru Village, Narpala District Mandal, Anantapur 2. Sri Radhakrishna Anjeer Products and Marketing Mutually Aided Cooperative Society, rep. by its Chief Promoter Sri C. Ramakrishna, S/o C. Ramappa, Aged 48 years, Kanarupalli Village, Ananthapur Mandal, Ananthapur District, Andhra Pradesh ...Petitioners AND 1. The State of Andhra Pradesh Rep. by its PrI. Secretary, Department, Secretariat, Velagapudi, Amaravathi Home Guntur District, Andhra Pradesh. 2. The Superintendent of Police, Ananthapuram, Ananthapuram 3. The S H O, C.K. Palli P.S., C.K. Palli, Ananthapur District. 4. The Deputy Commissioner of Prohibition Anantapur District. District and Excise, Anantapur ...Respondents of India praying that in the , the High Court may be Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith. pleased to issue appropriate writ or direction more particularly nature of Writ of Certiorari calling for the records one- in t-he relating to the FIR.No, 198/2020 on the file of the 3rd respondent and quash the same as illegal, artjitrary and contrary to the Judgment in WP.No.14386 of 2020 dt 01-09-2020 in Violation of principles of natural justice and in violation of Article 14 of the Constitution of India and consequently direct the Respondents 2 and 3 to release the 2nd Petitioner Eicher Vehicle bearing No. AP 39 TB 9092 forthwith without insisting the Bank Guarantee in the interest of justice. lA NO: 2 OF 7090 Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 2 & 3 to release the 2nd Petitioner Eicher Vehicle bearing No. AP 39 TB 9092 forthwith without insisting the Bank Guarantee in the interest of justice. Counsel for the Petitioners: SRI S D Counsel for the Respondent Nos. Counsel for the Respondent No.4: The Court made the following order: praying that in the circumstances stated GOWD 1 to 3: GP FOR HOME GP FOR PROHIBITION & EXCISE APHC010330042020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 21890 of 2020 Between: 1.VENNAPUSALA NARESH, S/O.V.RAMAPULLAIAH OCC:DRIVER. R/O.D.NO.2-195, B.PAPPAURU VILLAGE NARPALA MANDAL, ANANTAPUR DISTRICT. 2.SRI RADHAKRISHNA ANJEER PRODUCTS AND MARKETING MUTUALLY AIDED COOPERATIVE SOCIETY, REP. BY ITS CHIEF PROMOTER SRI C. RAMAKRISHNA, S/O.C.RAMAPPA KANARUPALLI VILLAGE, ANANTHAPUR MANDAl’ ANANTHAPUR DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND 1.THE STATE OF AP, THE STATE OF A.P. REP. BY ITS PRL SECRETARY, HOME DbPARTMEN i, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE SUPERINTENDENT OF POLICE, ANANTHAPURAM ANANTHAPURAM DISTRICT 3.THE S H O, C.K. PALLI P.S., C.K. PALLI, ANANTHAPUR DISTRICT. 4.THE DEPUTY COMMISSIONER OF PROHIBITION EXCISE, ANANTAPUR, ANANTAPUR DISTRICT. AND ...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 to issue appropriate writ or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the FIR.No.198/2020 on the file of the 3^^ respondent and quash the same as illegal, arbitrary and contrary to the Judgment in WP.No.14386 of 2020 dt.01.09.2020 in violation of principles of natural justice and in violation of Article 14 of the Constitution of India and consequently, direct the Respondents 2 and 3 to release the 2 Petitioner Eicher Vehicle bearing No.AP 39 TB 9092 forthwith without insisting the Bank Guarantee in the interest of justice and nd pass Counsel for the Petitioner(S): 1.S D GOWD Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR PROHIBITION EXCISE The Court made the following: ORDER: The instant Writ Petition is filed under Article 226 of the Constitution of India seeking Certiorari, by the Petitioners, direct Respondent authorities to release Eicher Vehicle seeking to bearing No.AP 39 TB 9092 belongs to petitioner No.2, which was seized in Crime No. 198 of 2020 on the file of C.K.Palli Police Station, Ananthapur District. 2. Heard learned counsel for the Petitioners learned Assistant Government Pleader Respondent/State. Perused the material and V.Farooq, for Home appearing for on record. 3. It IS submitted by the learned counsel for the Petitioners acceded to, by the learned Assistant Government and Pleader that the subject matter of this Writ Petition is squarely covered by the Order passed by a Coordinate Bench of this Court vide Criminal Petition No.5470 of 2023, dated 05.09.2023. 4. Considering the submissions made, following the said Order passed by a Coordinate Bench of this Court in Criminal Petition ■ ^^4 No.5470 of 2023, dated 05.09.2023 and taking into consideration of ■"the'facts and circumstances of the case, this Court is inclined to allow the present petition. 5. In the result. Writ Petition is allowed. The subject vehicle viz., Eicher bearing No.AP 39 TB 9092 which was seized in connection with Crime No.190 of 2020 on the file of C.K.Palli Police Station, Anathapur District, is ordered to be given to the Petitioner No.2 for interim custody- (a) on his producing the original R.C. and executing a self bond for the value of the subject vehicle to be assessed by the Motor Vehicle Inspector, with two sureties for the like sum each, to the satisfaction of the jurisdictional Magistrate concerned; (b) on his executing an undertaking that he would not alienate the said vehicle or transfer its ownership or change any physical features of the vehicle: and (c) on his executing an undertaking that he would produce the vehicle as and when directed by the trial Court till the case is disposed of, in the trial Court. No order as to costs. Miscellaneous petitions, pending if any, shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Superintendent of Police, Ananthapuram, Ananthapuram District I 3. The S H O, C.K. Palli P.S., C.K. Palli, Ananthapur District. - — 4. The Deputy Commissioner of Prohibition and Excise, Anantapur, Anantapur District. 5. One CC to Sri S D Gowd, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Prohibition & Excise, High Court of Andhra Pradesh [OUT] 8. Two CD Copies TF HIGH COURT DATED:21/08/2025 ORDER WP NO. 21890 OF 2020 € ! g( 18 SEP 2025 Co '^V4^ir«ntS«clio|i.-^y ALLOWING THE W.P. WITHOUT COSTS