APHC010413192024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 21197 OF 2024 Between: Korukonda Srikanth, S/o Venkateswararao aged about 45 years, Occ; Business Mandal, Krishna District. R/o H.No. 2-442, Telia Devarapalli village Visannapeta ...Petitioner AND The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue (Excise Department), Secretariat, Velagapudi, Amaravati. The Deputy Commissioner, Proh and Excise District. The Station House Officer, Nuzvid Rural Police Station, Krishna District. 1. 2. Vijayawada, Krishna 3. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the in not returning the FDR bearing SBP No. may be 2nd respondent 427604 dt.6-8-2020 for Rs. 80,000/- drawn on Syndicate Bank, deposited by the petitioner granting interim custody of the Wagon-R Car bearing Reg.No. AP-16-CA-8217 seized in relation to FIR No. 210/2020 at the time of on the file of the 3rd respondent. despite acquittal from Judgment passed in C.C.No. 822 of 2021 dt. 7-3-2024 on the file of the I Addl. Civil Judge (Junior Division)-cum-l Addl. Judicial Magistrate of First Class, Nuzvid, inspite of the notice dt. 7-8-2024, as being illegal, arbitrary, unjust and unconstitutional, and to grant such other relief reliefs as this Hon'ble Court deems fit and proper in the circumstances of the pursuant to the case. r or lA NO: 1 OF 2024 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 2nd respondent herein to return the FDR bearing SBP No. 427604 dt. 6-8-2020 for Rs. 80,000/- drawn on Syndicate Bank, deposited at the time of granting interim custody of the Wagon-R Car bearing Reg.No. AP-16-CA- 8217 seized in relation to FIR No. 210/2020 in view of the acquittal of the petitioner in C.C.No. 822 oif 2021 dt. 7-3-2024 on the file of the I Addl. Civil Judge (Junior Division)-cum-l Addl. Judicial Magistrate of First Class, Nuzvid, by considering the notice dt. 7-8-2024, pending disposal of the Petition. Counsel for the Petitioner: M/s PILLIX LAW FIRM Counsel for the Respondent Nos. 1 and 2: GP FOR PROHIBITION EXCISE Counsel for the Respondent No. 3: GP FOR HOME The Court made the following order: to main Writ APHC010413192024 IN THE HIGH COURT OF ANDHRA PRAPESH AT AMARAVAtl (Special Original Jurisdiction) [3331] r .^1 FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 21197/2024 Between: 1.KORUKONDASRIKANTH, S/0 VENKATESWARARAO AGED ABOUT 45 YEARS, OCC BUSINESS R/0 H.NO. 2-442, TELIA DEVARAPALLI VILLAGE VISANNAPETA MANDAL, KRISHNA DISTRICT. ...PETITIONER AND PRINCIPAL SECRETARY 1.THE STATE OF AP, REP. BY ITS REVENUE (EXCISE DEPARTMENT), SECRETARIAT, VELAGAPUDI, AMARAVATL 2.THE DEPUTY COMMISSIONER, • VIJAYAWADA, KRISHNA DISTRICT. 3.THE STATION HOUSE OFFICER, NUZVID RURAL POLICE STATION KRISHNA DISTRICT. PROH. AND EXCISE, ...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 topleased to issue an appropriate Writ, Order or particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not returning the FDR bearing SBP No. 427604 dt. 6-8- 2020 for Rs. 80,000/- drawn on Syndicate Bank, deposited by the petitioiner at the time of granting interim custody of the Wagon-R Car bearing Reg.No. AP-16-CA-8217 seized in relation to FIR No. 210/2020 on the file of the 3rd respondent, despite acquittal from Judgment passed in C.C.No. 822 oif 2021 Direction, more W,P.No.21197 of 2 dt. 7-3-2024 on the file of the I Addl. Civil Judge (Junior Division)-cum-l Addl. Judicial Magistrate of First Class, Nuzvid, inspite of the notice dt. 7-8-2024, as being illegal, arbitrary, unjust and unconstitutional, and to grant such other relief or reliefs as this circumstances of the pursuant to the lA NO: 1 OF 2024 Petition under Section 151 CPC Flon'ble Court deems fit and proper in the case. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 2nd respondent herein to return the FDR No. 427604 dt. 6-8-2020 for bearing SBP Rs. 80,000/- drawn on Syndicate Bank, deposited at the time of granting interim custody of the Wagon-R Car bearing Reg.No. AP-16-CA-8217 seized in relation to FIR No. 210/2020 in view of the acquittal of the petitioner in C.C.No. 822 oif 2021 dt. 7-3-2024 on the file of the I Addl. Civil Judge (Junior Division)-cum-i Addl. Judicial Magistrate of First Class, Nuzvid, by considering the notice dt. 7-8-2024, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner: 1.PILLIX LAW FIRM Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE 2.GP FOR HOME The Court made the following: ::ORDER:: Heard Sri Aditya Harsha Vardhan, learned counsel for the Ms. Prashanthi, -learned Assistant Government Pleader for Excise and Sri Ajay, learned Assistant Government Pleader for respondent No.3. petitioner. Prohibition and Home, for 2. The above writ petition has been filed to declare the action of respondent No.2 in not returning the FDR bearing SBP No.427604 dated 06.08.2020 for Rs.80,000/- drawn Syndicate Bank, deposited by the on SRS,J W.P.No.21197 of 2024 /age 3 of 5 petitioner at the time of interim custody of the Wagon-R car bearing FIR No.210/2020, registration No.AP-16-CA-8217, seized concerning numbered as C.C.No.822 of 2021, on the file of learned I Additional Civil Judge (Junior Division) -cum-l Additional Judicial Magistrate of First Class Nuzvid, despite the acquittal order dated 07.03.2024, as illegal and arbitrary. At the hearing, both the learned counsel submitted that the issue involved in this writ petition is covered by the issued involved in W.P.No.14995 of 2021, wherein the learned Single Judge of this Court, in order dated 23.09.2021 concluded that once the FIR is quashed, keeping the bank guarantee submitted at the time of release of a seized vehicle, is illegal and unjust. Accordingly, the learned Single Judge directed the authority therein to return the FDR to the petitioner therein. 3. In the case at hand, a case in crime No.210 of 2020 was registered against the petitioner and another. Police filed a final report before the learned I Additional Civil Judge (Junior Division) -cum-l Additional Judicial Magistrate of First Class, Nuzvid and the same was taken cognizance as C.C.No.822 of 2021. After conducting the trial, accused Nos.1 and 2 were found not guilty of the offences punishable under Section 34(e) of the Andhra Pradesh Excise Act and Section 7(A) read with 8(e) of the Andhra Pradesh Prohibition Act and thereby both the accused were acquitted. Learned counsel for the petitioner submitted that no appeal was preferred against the calendar and judgment, dated 07.03.2024. Given the above facts and circumstances of the case, since the jurisdictional Court has acquitted the petitioner and another, keeping the FDR deposited by the petitioner at the time of interim custody of the Wagon-R car bearing registration No.AP-16-CA-8217, is illegal and unjust. Therefore, this writ petition is allowed at the admission stage. Re^ondent No.2 shall return FDR bearing SBP No.427604 dated 06.08.2020 4. 5. 6. 7. W.P.No.21197 for Rs.80,000/-, drawn on Syndicate Bank, deposited by the petitioner at the time of granting- interim custody of the Wagon-R car bearing registration NO.AP-16-CA-8217, to the petitioner forthwith. No costs. Miscellaneous petitions pending, if any, shall stand closed. Sd./- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTrorrOFFICER To, 1. The Principal Secretary, Revenue (Excise Department), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 2. The Deputy Commissioner, Proh. and District.( By RPAD) 3. The Station House Officer, Nuzvid Rural Police Station, Krishna District 4. One CC to M/s Pillix Law Firm Advocate [OPUC] 5. Two CCs to GP for Prohibition and Excise Pradesh [OUT] 6. Two CCs to GP for Home High Court of Andhra Pradesh [OUT] 7. Two CD Copies GSC Excise, Vijayawada, Krishna High Court of Andhra :■ X 4 HIGH COURT DATED:01/08/2025 ORDER WP NO. 21197 OF 2024 ALLOWING THE WP WITHOUT COSTS