1 APHC010049002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2788 OF 2025 Between: 1. SUDHA A, W/O ALEXANDER, AGED ABOUT 40 YEARS, R/O D.NO. 1, VANIYAR STREET, THIRUPACHUR, THIRUVALLUR, TAMIL NADU STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, REVENUE (PROHIBITION AND EXCISE), DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, MANGAIAGIRI, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, PITCHATOOR POLICE STATION, TIRUPATI, TIRUPATI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2 2. GP FOR HOME The Court made the following ORAL ORDER: Heard Sri P.Shiva Sai Dattatreya, learned Counsel appearing on behalf of Sri Siva Prasad Reddy Venati, learned Counsel for the Petitioner and Sri Arjun Chowdary, learned Assistant Government Pleader representing the learned G.P for Prohibition & Excise. 2. The Writ Petitioner is the owner of Maruthi Suzuki Dzire VXI Car bearing No. TN 20 DC 6171. This Maruthi Suzuki Dzire VXI Car bearing No. TN 20 DC 6171 was involved in the incident of bootlegging and an F.I.R has been registered on 25.04.2024 bearing F.I.R.No.35 of 2024 in Pitchatoor Police Station. Consequently, the Vehicle was also seized which is carrying liquor unauthorizedly. The Motor Vehicle Inspector, Transport Department, Puttur, vide proceeding dated 07.01.2025 has valued the Vehicle at Rs.5,00,000/- ( Five Lakhs Rupees), which is the current market value. The facts as mentioned in the FIR would indicate that 180 ML (Express special brandy) belonging to the Tamilnadu State which are five in number were seized. 3. The Writ Petitioner has filed the present Writ Petition seeking release of the said Vehicle. He would submit that he will subject himself to any condition imposed by this Court. This Court had directed the learned Counsel for the Petitioner to have a personal affidavit of the Writ Petitioner filed. In compliance with the same, the Writ Petitioner has filed an affidavit on 07.02.2025. The same is taken on record. 3 4. In addition to the undertaking mentioned in the affidavit, this Court issues the following directions: I. The Petitioner shall produce the Vehicle in question as and when required in connection with the trail of the offence. II. The Petitioner shall not put the vehicle in question to any use other than his personal use. III. The Petitioner shall not tamper with the Vehicle in any manner and shall maintain the same in good condition. 5. 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 of bootlegging carrying 5 bottles of 180 ML (Express Special Brandy) were seized. 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 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. 6. With the above directions, this Writ Petition is disposed of. Registry is directed to retain the personal Affidavit filed by the Petitioner dated 07.02.2025. Registry is further directed to attach a copy of the Affidavit filed by the Writ Petitioner dated 07.02.2025 along with the copy of this Order. No order as to costs. The Respondent Authorities shall accordingly release the abovementioned vehicle in terms of the personal Affidavit and the conditions mentioned hereinabove. 4 7. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 18.02.2025 Mnr 5 05 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.2788 OF 2025 Dt: 18.02.2025 Mnr