• A I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRAS^ WRIT PETITION NO: 26643 OF 2024 Between: Velagada Kishore Kumar, S/o Kurmi Naidu, Aged about 20 Pedda Veedhi, Maddivalasa, Srikakulam District -532461. years, R/o ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to the Government, Revenue (Prohibition and Excise) Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police/ Confiscation Authority, Special Enforcement Bureau (SEB), Parvathipuram Manyam District. 3. The Station House Officer, Garugubilli Police Station Manyam District. (Causetitle is amended as per the Court’s order dt.06.01.2025 No.02/2024 in Writ Petition and affidavit) Parvathipuram in IA ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ Order may or direction, particularly, one in the nature of writ of Mandamus, declaring the inaction of the 2 nd respondent in granting interim custody of the vehicle bearing Mahindra Bolero to the petitioner NO.AP07 TF 7351, as illegal, arbitrary, contrary to law and violation of principles of natural justice and violative of Articles 19 (1) (g) consequentially direct the respondents to consider the petitioner’s representation dt. 15.11.2024 and and 21 of the Constitution of India and release the petitioner's vehicle bearing No. AP07 TF 7351, Mahindra Bolero which was seized in Crime No.98/2024 in Garugubilli Police Station Parvathipuram Manyam District registered for the offences under Sec.7B r/w 8 (B) of A.P.P. Act, for interim custody. lA NO: 1 OF 2n?4 Petition under Section 151 CPC praying that in the circumstances Stated in the affidavit filed iin support of the petition, the High Court may be petitioner's vehicle bearing pleased to direct the respondent to release the No. AP07 TF 7351, Mahindra Bolero seized in Crime No.98/2024 in Garugubilli Police Station, Parvathipuram Manyam District the offences under Sec.7B r/w 8 (B) of A.P.P. Act registered for pending disposal of the Writ Petition. Counsel for the Petitioner: SRI BONU RAMA SHANKAR Counsel for the Respondent Nos.1 to 3: SRI M. SRINU, PROHIBITION EXCISE RAO AGP FOR The Court made the following: ORDER i 1 APHC010516752024 [3328] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) =t= MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 26643/2024 Between: 1. VELAGADA KISHORE KUMAR, S/0 KURMI NAIDU, AGED ABOUT 20 MADDIVALASA, SRIKAKULAM YEARS, R/0 PEDDA VEEDHI DISTRICT -532461. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, REVENUE (PROHIBITION AND EXCISE) DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIATBUILDINGS, 2.THE SUPERINTENDENT OF POLICE/ CONFISCATION AUTHORITY, BUREAU (SEB), PARVATHIPURAM SPECIAL ENFORCEMENT MANYAM DISTRICT. 3.THE STATION HOUSE OFFICER, KOMARADA POLIC ESTATION PARVATHIPURAM MANYAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE I 2 2.GP FOR HOME The Court made the following ORAL ORDER; Heard Sri B. Rama Sankara Rao, learned Counsel for the Writ Petitioner and Sri M. Srinu Babu, learned Prohibition & Excise. Asst. Government Pleader for 2. Learned Asst. Government Pleader has submitted Instructions dated; 26.12.2024, furnished the Written by the Sub-Inspector of Police, of 2024 and the Seizure Garugubilli P.S along with copy of the F.I.R No.98 Report of the Mahindra Bolero Vehicle bearing No. AP-07-TF-7351. Copies of It are supplied to the learned Counsel for the Writ Petitioner and the same is taken on record. 3. The Written Instructions would indicate involved in carrying of 260 Liters of I.D. Arrack. that the Vehicle was 4. Having regard to these facts and cicircumstances of this case, this Court deems it appropriate to dispose of this Writ Petition with a direction to the Writ Petitioner to approach the Competent Authority vehicle and comply with the terms and conditions for release of the that may be laid down by the Competent Authority. 5. The Writ Petitioner is directed to approach the Competent a period of one week from today by making Authority within _ appropriate Application. The Authority, upon receipt of the Representation from the Writ Petitioner, may dispose of the same by passing a Speaking Order i accordance with law and by imposing such conditions in to its satisfaction within a period of three (03) weeks from Representation/Application from the Writ Petitioner. the date of receipt of the 6. With these observations and directions, this Writ Petition stands disposed of. 3 7. Interlocutory Applications, if any, stand closed iin terms of this order. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SEC OFFICER To, 1. The Principal Secretary to the Government, Revenue (Prohibition Excise) Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police/ Confiscation Authority, Special Enforcement Bureau (SEB), Parvathipuram Manyam District. 3. The Station House Officer, Garugubilli Police Station, Parvathipuram Manyam District. 4. One CC to Sri Bonu Rama Shankar Rao, Advocate [OPUC] 5. Two CCs to GP for Prohibition and Excise, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. and ssb I HIGH COURT DATED:06/01/2025 ORDER % 2 0 JAN 2Crj . Currera Section . Si^SPATCW'S^ 1 WP.No.26643 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS