APHC010516772024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26719/2024 Between: Bonthu Rambabu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ Order or direction particularly one in the nature of writ of Mandamus declaring the inaction of the 2nd respondent in granting interim custody of the vehicle bearing No.AP39 UR6122, Maruthi Eartiga VX1 CNG car to the petitioner as illegal, arbitrary, contrary to law and violation 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 petitioners representation dated 15.11.2024 and release the petitioners vehicle bearing No.APSQ UR6122 Maruthi Eartiga VX1 CNG which was seized in Crime No 160/2024 in Komarada Police Station Parvathipuram Manyam District registered for the offences under Sec 34 (a) of A.P.Excise Act, for interim custody and to pass such other order or orders...” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for appearing for the respondents. 3. The petitioner herein is the Owner of Vehicle bearing No.AP39 UR6122, Maruthi Eartiga VX1 CNG car. The said vehicle was involved in the Crime No. 160/2024 in Komarada Police Station, Parvathipuram Manyam District. Consequently, the Vehicle was seized by the 3rd respondent on 21.03.2024 between 16.30 hours and 17.30 hours, as they detected illegal transportation of NDPL liquor from said vehicle. After such seizure the contra band and vehicle were produced under Section 41 (1) of the A.P. Excise Act before the 2nd respondent. 4. The petitioner has filed the present writ petition seeking release of the said Vehicle. It is further submitted that he will subject himself to any condition imposed by this Court. 5. This court issues the following directions: I. The petitioner shall file a personal affidavit before the Registry undertaking to indemnify the cost of the Vehicle as fixed by the Motor Vehicle Inspector on account of any adverse order passed against the petitioner in the future. II. The petitioner shall produce the Vehicle in question as and when required in connection with the trail of the offence. III. The petitioner shall not put the vehicle in question to any use other than his personal use. IV. The petitioner shall not tamper with the Vehicle in any manner and shall maintain the same in good condition. 6. This Court has bestowed its mind on the nature of conditions which are sought to be imposed for the release of the Vehicle. The Vehicle of the Petitioner is only involved in an incident which is carrying contra band unauthorizedly. In this view of the matter, this Court is of the opinion that imposition of onerous conditions for release of Vehicle is unwarranted in such minor cases of bootlegging. At this stage, it is also to be clarified that this relaxed condition can be given only in cases of bootlegging of minor nature. 7. 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. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 10.03.2025 klk 192 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.26719 of 2024 10.03.2025 kkllkk