APHC010379422024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 19311/2024 Between: 1. GORLE YUGANDHAR SRINIVAS RAO, S/O.VENKATA RAO, AGED 42 YEARS, R/O.D.NO.46-60, NAIDU VEEDHI, SALUR, PARVATIPURAM, ERSTWHILE VIZIANAGARAM DISTRICT. (OWNER OF THE BIKE BEARING NO.AP 35 AF 6893). ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. DEPUTY COMMISSIONER, OFFICE OF COMMISSIONER OF PROHIBITION AND EXCISE, EXCISE COMPLEX, RS NO.88- 2B, SAI VIHAR APARTMENTS, POULTRY FARM ROAD, PRASADAMPADU (V), VIJAYAWADA-521108, AMARAVATHI, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, SALUR RURAL POLICE STATION, PARVATIPURAM MANYAM DISTRICT. ...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 appropriate writ or direction of mandamus and to direct the respondents herein to release the vehicle of the 2 petitioner, who is the owner of the bike bearing No.AP 35 AF 6893 from the custody of the 3rd respondent herein forthwith and be pleased to pass IA 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 to direct the to release the vehicle of the petitioner who is the owner of the bike No.AP 35 AF 6893 from the custody bearing 3rd respondent herein pending disposal of the of the main writ petition and be pleased to pass Counsel for the Petitioner: 1. VIJAYA KUMAR NAIDANA Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. GP FOR HOME The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.19311 OF 2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate writ or direction of mandamus and to direct the respondents herein to release the vehicle of the petitioner, who is the owner of the bike bearing No.AP 35 AF 6893 from the custody of the 3rd respondent herein forthwith and be pleased to pass such other orders…” 2. Precisely, the Writ Petition is filed seeking a direction to release the seized vehicle of the petitioner, i.e., bike bearing registration No.AP 35 AF 6893. 3. Learned counsel for the petitioner 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 for the petitioner would submit that the petitioner is the registered owner of the vehicle and the police have illegally seized the vehicle and implicated the petitioner in the alleged crime registered in Crime No.142 of 2023 under Section 7-B read with Section 8(B) of the A.P.Prohibition Act, 1995 registered by the 3rd respondent – The 4 Station House Officer, Salur Rural Police Station, Parvathipuram Manyam District. Therefore, learned counsel for the petitioner requests this Court to direct the respondents to release the vehicle. 5. This Court on 04.09.2024 has granted time to secure written instructions and directed the learned State Counsel to secure written instructions and the learned State Counsel is unable to secure written 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., bike bearing registration No.AP 35 AF 6893, seized in Crime No.142 of 2023 under Section 7-B read with Section 8(B) of the A.P.Prohibition Act, 1995 registered by the 3rd respondent – The Station House Officer, Salur Rural Police Station, Parvathipuram Manyam District, on furnishing third party security for an amount of Rs.10,000/- (Rupees ten thousand only). It is further directed the respondents to forthwith release the aforesaid vehicle of the 5 petitioner subject to the conditions of the petitioner furnishing third party security in the form of fixed deposit for a sum of Rs.10,000/- (Rupees ten thousand only) and the petitioner is directed not 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 pendency 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: 10.11.2025 Pmk 6 304 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.19311 of 2024 Date: 10.11.2025 Pmk