APHC010286752024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 14323/2024 Between: 1. SAGINALA VENKATESH, S/O. VENKATARAMANA, AGED 36 YEARS R/O. H NO. 6-85, ALIGINTI VEEDHI, KURABALAKOTA VILLAGE, POST AND MANDAL ANNAMAYYA DISTRICT OWNER OF THE VEHICLE BEARING NO. AP-03-TK-4835 . ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PROHIBITION AND EXCISE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI 2. THE COMMISSIONER, SPECIAL ENFORCEMENT BUREA- CUM- APPELLATE AUTHORITY AT VIJAYAWADA, AP 3. THE DEPUTY COMMISSIONER OF SPL ENFT BREAU SEB, ANANTHAPURAMU ZONE-CUM-CONFISCATING AUTHORITY ANANTHAPURAMU 4. THE SUPERINTENDENT OF POLICE, ANNAMAYYA DISTRICT /COMMISSIONER OF POLICE MADANAPALLE CITY 5. THE STATION HOUSE OFFICER, MADANAPALLE SEB STATION, MADANAPALLE ANNAMAYYA 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 a Writ order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents particularly respondents 4 and 5 in not releasing the Auto Bearing No. AP-03-TK-4835 which was seized by the 5th respondent in FIR No. 339/2023 illegally detained by the respondent without passing of the order m the appeal pending before the 2nd respondent is illegal, arbitrary and against the principles of natural justice and also against to the Prohibition and Excise Act and also violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondent to release the petitioner vehicle i.e.. Auto Bearing No. AP-03-TK-4835 immediately, in the interest of justice and 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 pleased to direct the respondents to 2 release the petitioner vehicle i.e.. Auto bearing No. AP-03-TK-4835 by suspending the impugned Order passed by the 3rd respondent vide Order vide Rc No. 442/2023/C3, dated 30.01.2024, pending disposal of the main writ petition, and pass Counsel for the Petitioner: 1. TENEPALLI NIRANJAN 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.14323 of 2024 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents particularly respondents 4 and 5 in not releasing the Auto Bearing No.AP-03-TK-4835 which was seized by the 5th respondent in FIR No.339/2023 illegally detained by the respondent without passing of the order in the appeal pending before the 2nd respondent is illegal, arbitrary and against the principles of natural justice and also against to the Prohibition and Excise Act and also violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondent to release the petitioner vehicle i.e., Auto Bearing No.AP-03-TK-4835 immediately, in the interest of justice and 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., Auto bearing No.AP-03-TK- 4835. 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 appearing 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.339 of 2023, under Section 7 read with Section 8(b)(i) of the A.P.Prohibition (Amendment) Act, 2020 registered by the 5th respondent-The Station House Officer, SEB Station, Madanapalle. Therefore, learned counsel for the petitioner requests this Court to direct the respondents to release the vehicle. 4 5. 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. 6. 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., Auto bearing No.AP-03-TK-4835, seized in Crime No.339 of 2023 under Section 7 read with Section 8(b)(i) of the A.P.Prohibition (Amendment) Act, 2020, registered by the 5th respondent – The Station House Officer, SEB Station, Madanapalle, on furnishing third party security for an amount of Rs.20,000/- (Rupees Twenty thousand only). On furnishing such security, the respondents are directed to forthwith release the aforesaid vehicle of the petitioner 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. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 04.12.2025 KBN 5 08 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.14323 of 2024 04.12.2025 KKBBNN