APHC010462742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 24283 of 2025 Between: 1. N.DEVENDRAPPA, AGED ABOUT 45 YEARS, S/O.AK NAGAPPA,R/O. MR NAGAR BEHIND MASID, MATADAKURUBARAHATTI,CHITRADURGA, KARNATAKA STATE-577502. ...PETITIONER AND 1. THE STATEOF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY REVENUE, (PROHIBITION AND EXCISE) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, A.P. 2. THE COMMISSIONER SPECIAL ENFORCEMENT BUREAU, MANGALAGIRI, ANDHRA PRADESH, GUNTUR DISTRICT, A.P. 3. THE SUPERINTENDENT OF POLICE CUM THE DEPUTY COMMISSIONER SPECIAL ENFORCEMENT BUREAU, CHITTOOR DISTRICT, ANDHRA PRADESH. 4. THE SUB INSPECTOR OF POLICE, GANGAVARAM POLICE STATION, GANGAVARAM MANDAL, CHITTOOR DISTRICT, A.P. ...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 an order, writ or direction more particularly in the nature of writ of Mandamus declaring the action of the issue an appropriate order or direction more particularly one in respondent No.3 in confiscating to the above said vehicle alleging that the vehicle was engaged in illegal transportation of non-duty paid and thereby in contravention of the provisions of under sections 13(A) of the A.P 2 Prohibition Act, for release of the vehicle Maruthi Suzuki Swift Car Registration Number KA 16 AA 5525, of the petitioner in connection with the crime No.420/2023U/s. 7 r/w 8(b)(ii) of A.P. Prohibition Act 1995, registered by the 4threspondent as illegal, irregular and without authority and against the principles of natural justice and violative of fundamental rights guaranteed under articles 14,21 and 19(1 )(g) of the constitution of India and consequently direct the respondents to release the above said vehicle of the petitioner forthwith in the interest of justice. Counsel for the Petitioner: 1. BASHA SHAIK Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. GP FOR HOME The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an order, writ or direction more particularly in the nature of writ of Mandamus declaring the action of the issue an appropriate order or direction more particularly one in respondent No.3 in confiscating to the above said vehicle alleging that the vehicle was engaged in illegal transportation of non-duty paid and thereby in contravention of the provisions of under sections 13(A) of the A.P Prohibition Act, for release of the vehicle Maruthi Suzuki Swift Car Registration Number KA 16 AA 5525, of the petitioner in connection with the crime No.420/2023U/s. 7 r/w 8(b)(ii) of A.P. Prohibition Act 1995, registered by the 4threspondent as illegal, irregular and without authority and against the principles of natural justice and violative of fundamental rights guaranteed under articles 14, 21 and 19(1)(g) of the constitution of India and consequently direct the respondents to release the above said vehicle of the petitioner forthwith in the interest of justice and pass such other orders…” 2. Precisely, the Writ Petition is filed seeking a direction to release the seized vehicle of the petitioner, i.e., Maruthi Suzuki Swift Car bearing registration No.KA 16AA 5525. 3. Learned counsel for the petitioners relied on the orders of this Court in W.P.No.19736 of 2022 dated 08.07.2022, W.P.No.5032 of 2023 dated 01.03.2023 and W.P.No.13322 of 2024 and urges this Court to extend the similar order to the petitioner herein. 4. Learned counsel appearing for the petitioner would submit that the petitioner is the registered owner of the vehicle and the police have 4 illegally seized the vehicle and implicated the petitioner in the alleged crime registered in Crime No.420 of 2023 under Section 7 read with Section 8(b)(ii) of the A.P.Prohibition Act, 1995 registered by the 4th respondent – The Sub Inspector of Police, Gangavaram Police Station, Gangavaram Mandal, Chittoor District. Therefore, learned counsel for the petitioner requests this Court to direct the respondents to release the vehicle. 5. This Court on 15.09.2025 has granted time to secure instructions and directed the learned State Counsel to secure instructions and the learned State Counsel is unable to secure instructions. 6. Keeping in view the above circumstances, this Court is inclined to dispose of the present Writ Petition by following the aforesaid orders of this Court, referred above. 7. Therefore, this Writ Petition is disposed of, directing the respondent-authorities to grant interim release/interim custody of the vehicle of the petitioner, i.e., Maruthi Suzuki Swift Car bearing registration No.KA 16AA 5525, seized in Crime No.420 of 2023 under Section 7 read with Section 8(b)(ii) of the A.P.Prohibition Act, 1995 registered by the 4th respondent – The Sub Inspector of Police, Gangavaram Police Station, Gangavaram Mandal, Chittoor District, on furnishing collateral security for an amount of Rs.1,00,000/- (Rupees one lakh only). It is further directed the respondents to forthwith release the aforesaid vehicle of the petitioner subject to the conditions of the petitioner furnishing security in the form of fixed deposit for a sum of Rs.1,00,000/- (Rupees one lakh only) and the petitioner is directed not 5 to change the physical features of the vehicle and not to alienate the vehicle in favour of third party and the petitioner is further directed to execute an affidavit to that extent. The concerned authority is directed to communicate the same to the concerned RTA Authorities about the seizure of the vehicle of the petitioner and pedency of the investigation in the subject crime. It is also made clear that the order of this Court shall be subject to the outcome of the confiscation proceedings under the provisions of the A.P.Excise Act. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 06.10.2025 siva 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24283 of 2025 Date: 06.10.2025 siva