IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3750 OF 2025 Between: Sri P. Rama Mohana Reddy, S/o P. Sankar Reddy, Aged about 56years, Occ: Business, R/o. H. No.25/460-A,Sanjeeva Nagar, R.S. Road, Nandyal Town, Nandyal District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Prohibition and Excise Velagapudi, Secretariat Buildings, Amaravathi, Guntur District. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat Buildings at Velagapudi, Amaravati, Guntur District. The Commissioner, The Prohibition and Excise Department, Excise Complex, RS No.88-2B, Sai Vihar Apartments, Poultry Farm Road Prasadampadu (V), Vijayawada-521108, Amaravathi, Andhra Pradesh. The Superintendent of Police, Nandyal Town, Nandyal District. The Deputy Commissioner and Confiscation Authority Prohibition and Excise, Kurnool, Kurnool District. The Station House Officer, Nandyal III Town Police Station, Nandyal Town, Nandyal District. 1. 2. 3. 4. 5. 6. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 Respondents especially respondent no.5 herein in imposing the onerous condition on the petitioner herein to furnish a Fixed Deposit Receipt (FDR) amounting to Rs. 3,10,000/- in favour of the Deputy Commissioner of Prohibition and Excise, Kurnool, as security towards the assessed value of the vehicle to release the vehicle of the Petitioner viz Toyota Etios GD (M) BSIV car bearing Registration number AP 21 BL 6179 seized in connection with the Cr. No. 191/2024 on the file of the 6th Respondent Police Station vide Rc.No B/04/2025 dated 27-01-2025 instead of accepting collateral immovable security of equivalent valueas being illegal, arbitrary and exercise of excessive authority and contrary to the Andhra Pradesh Excise Act and rules there under and contrary to the judgments of this Hon’ble Court and consequently set aside proceedings issued by the respondent no.5 vide Rc.No B/04/2025 dated 27-01-2025 to the extent of imposing onerous condition and direct the respondents to release the Petitioner s vehicle viz Toyota Etios GD (M) BSIV car bearing Registration number AP 21 BL 6179 seized in connection with the Cr. No.191/2024 on dated 02-08- 2024 to petitioner upon furnishing collateral or immovable security forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.5 to release the Petitioner’s vehicle viz Toyota Etios GD (M) BSIV car bearing Registration number AP 21 BL 6179 seized in connection with the Cr. No. 191/2024 dated 02-08-2024 to petitioner upon furnishing collateral or immovable security forthwith pending disposal of the writ petition. Counsel for the Petitioner: SRI V.NITESH Counsel for the Respondents Nos. l, 3 & 5: GP FOR PROHIBITION & EXCISE Counsel for the Respondents Nos.2, 4 & 6: GP FOR HOME The Court made the following: ORDER or on 1 APHC010068762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3328] 0i^i TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3750/2025 Between: 1.SRI P RAMA MOHANA REDDY, S/0 P. SANKAR REDDY, AGED R/0. H. NO.25/460- NANDYAL TOWN, NANDYAL BUSINESS ABOUT 56YEARS, OCC A,SANJEEVA NAGAR, R.S. ROAD DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL VELAGAPUDI, SECRETARY, PROHIBITION AND EXCISE SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. PROHIBITION AND EXCISE SAI VIHAR PRASADAM PAD U (V), 3.THE COMMISSIONER, THE DEPARTMENT, EXCISE COMPLEX, RS N0.88-2B APARTMENTS, POULTRY FARM ROAD VIJAYAWADA-521108, AMARAVATHI, ANDHRA PRADESH. 4.THE SUPERINTENDENT OF POLICE, NANDYAL TOWN, NANDYAL DISTRICT. THE DEPUTY COMMISSIONER AND CONFISCATION AUTHORITY PROHIBITION AND EXCISE, KURNOOL, KURNOOL DISTRICT. 5.THE DEPUTY COMMISSIONER AND CONFISCATION AUTHORITY, 2 PROHIBITION AND EXCISE, KURNOOL, KURNOOL DISTRICT. 6.THE STATION HOUSE OFFICER, NANDYAL III TOWN POLICE STATION, NANDYAL TOWN, NANDYAL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.VNITESH Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE 2.GP FOR HOME The Court made the following ORDER: Heard Sri Ch. Karthik, learned Counsel appearing on behalf of Sri V. Nitish, learned Counsel for the Writ Petitioner and Sri P. Naga Raju, learned Assistant Government Pleader for Prohibition & Excise. 2. The Writ Petitioner is the owner of Toyota Etios GD (M) BSIV car bearing number AP 21 BL 6179. This Toyota Etios GD (M) BSIV car bearing number AP 21 BL 6179 was involved in the incident of bootlegging and an F.I.R has been registered on 02.08.2024 bearing F.I.R.No.191 of 2024 in Nandyal III Town Police Station. Consequently, the Vehicle was also seized which is carrying liquor unauthorizedly. The Asst. Motor Vehicle Inspector Transport Department, Nandyal, vide proceeding dated 21.12.2024 has valued the Vehicle at Rs.3,10,000/- (Rupees Three lakhs ten thousand), which is the current market value. The facts as mentioned in the FIR would indicate that total 5 liters of liquor belonging to the Goa State (which are five in number) were seized. 3 The Writ Petitioner has filed the present Writ Petition seeking 3. 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 20.02.2025. The same is taken on record. In addition to the undertaking mentioned in the affidavit, this Court 4. 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. 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 liters of liquor (5 bottles) belonging to the Goa State. 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 5. bootlegging of minor nature. 4 With the above directions, this Writ Petition is disposed of. Registry is directed to retain the personal Affidavit filed by the Petitioner dated 20.02.2025. Registry is further directed to attach a copy of the Affidavit filed by the Writ Petitioner dated 20.02.2025 along with the copy of this Order. No 6. order as to costs. The Respondent Authorities shall accordingly release the above mentioned vehicle in terms of the personal Affidavit and the conditions mentioned hereinabove. 7. Interlocutory Applications, if any, stand closed in terms of this Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR order. //TRUE COPY// SECTION OFFICER To, 1. The Registrar (Judicial), High Court of Andhra Pradesh. 2. The Principal Secretary, State of Andhra Pradesh Prohibition & Excise Velagapudi, Secretariat Buildings, Amaravathi, Guntur District. 3. The Principal Secretary, State of Andhra Pradesh, Home Department Secretariat Buildings at Velagapudi, Amaravati, Guntur District. 4. The Commissioner, The Prohibition and Excise Department, Excise Complex, RS No.88-2B, Sai Vihar Apartments, Poultry Farm Prasadampadu (V), Vijayawada-521108, Amaravathi, Andhra Pradesh. 5. The Superintendent of Police, Nandyal Town, Nandyal 6. The Deputy Commissioner and Confiscation Authority Prohibition Excise, Kurnool, Kurnool District. Road District. and 7. The Station House Officer, Nandyal III Town Police Station, Town, Nandyal District. 8. One CC to Sri. V. Nitesh, Advocate [OPUC] 9. TwoCCsto GP for Prohibition & Excise, High Court of Andhra Pradesh. [OUT] Two CCS to GP for Home, High Court of Andhra Pradesh. Three C.D. Copies. 20*02.2^5) * Affidavit fiied by the Writ Petitioner, Nandyal 10. [OUT] 11. dated nm HIGH COURT DATED:04/03/2025 ORDER WP.No.3750 of 2025 ^r5<= amot^ 5 17 MAR 2025 S’ ^ Currant tiacuon ^ jS ^£spatc»®S-<<' DISPOSING OF THE WP WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI W.P. NO. 3750 OF 2025 BETWEEN: SRI P. Rama Mohan Reddy ...Petitioner AND The State of Andhra Pradesh & 5 Others ...Respondents MEMO FILED ON BEHALF OF PETITIONER It is submitted that the above writ petition is filed seeking issuance of Writ of Mandamus declaring the action of Respondents especially respondent no.5 herein in imposing the onerous condition on the petitioner herein to furnish a Fixed Deposit Receipt (FDR) amounting to Rs. 3,10,000/- in favor of the Deputy Commissioner of Prohibition and Excise, Kurnool, as security towards the assessed value of the vehicle to release the vehicle of the Petitioner viz Toyota Etios GD (M) BSIV car bearing Registration number AP 21 BL 6179 connection with the Cr. No. 191/2024 on the file of the 6th seized in Respondent Police Station vide Rc.No: B/04/2025 dated 27-01-2025 instead of accepting collateral or immovable security of equivalent value as being illegal, arbitrary and exercise of excessive authority and contrary to the Andhra Pradesh Excise Act and rules there under and contrary to the judgements of this Hon’ble Court. It is submitted that the petitioner undertakes to abide by any conditions imposed by this Hon’ble for release of the vehicle and as such the petitioner herein is filing undertaking affidavit made on Rs.lOO/- Non-Judicial paper along with this Memo. Hence the same may be taken on record and treat the part and parcel of the Writ Petition. Hence this Memo. same as COUNSELLOR THE PETITIONER Date; 19 02 2025 Amaravathi ^anOJOOg^ >^.<i ,F! » WS Y i ®l> es.J 00 5? 'P 'y-' Ml •r ?- ^.r ^ Vf i. Z) c-rv-^ < > r.fe •7 V.-<» i: .HUNDREDIUBEES! 3 .r ^c?i s 5^ :^' V tr::::* =I V;-il ft Vi-'/.W't Au/p z~ m - ^S^‘1 OO-S OO-S OO"! »|i oo-i oo-a OO-S oo'-‘-< _ ^®4-o>o-i oo-a ooi OO-S oO- i»r« 00-1 oo-a 'WM oo-i 00-8 ir.’~.-;-o."j>^ <C!»-3«4 “ M ™ OO-I S'Z s i ■,v mma S' •be •i.. V 1OOt OO H,JA1 OO-S OO-S OO-l oofe ®^T^o-s oo-i ooT oo)m" "' 1 OO-^ OO "1 OO-S OG^^W-^ gVSPa'fiC.^I 00-8 OO'iJi; ■S'/o IjMcB O-j 00-8 ooffe ■I g.ffisa-B o "8 00-8 OOiitMiJ OO-I ociSM r Ho..A IM/) m -v- wikm V 881 i Jl' r”] ft. .>■ A jFyftt'sTTs^fjl sifitfrfei Wi ^ For Whom 3?P§ri5f^ ANgipRA PRADESH null 25/460A, SANJEEVA NAGAR, Kurnool 518501 India VENDOR: C.JMSH BHARATHI, Hf 46&025 <^0 mm .eady ID: 13-13-001-2019, ADDRES S:30/49/0,TEKKE NANDYAL MOBILE;7075906669 null 25/I60A, SANJEEVA NAGAR, Kurnool 518501 India UNDERTAKING AFFIDAVIT FILED BY THE PETITIONER IN W.P.No.3750 OF 2025 I I, Sri. P. Rama Mohan Reddy, S/o P. Sankar Reddy, aged about 52 years, Occ| Business, H. No.25/460-A, Sanjeeva Nagar, R.S. Road, Nandyal Town Nandyal District (Aadhar No.7527 8183 4095), do hereby solemnly affirm and state on oath as follows: > 1. I most respectfully submit that I am the petitioner in W.P. No. 3750 of 202| before the Hon’ble High Court of Andhra Pradesh at Amaravati. % 2. I humbly submit that I am the registered owner of Motor Car viz. Toyota Etios GD (M) BSIV car bearing Registration number AP 21 BL 6179. It is subilhitted that the 6*’’ Respondent in the Writ Petition i.e., the Station House Offiojcr, Nfindyfll III town Pnlice .station hn.s .seiVad thp r.flr nf fh#» p^titirsnef v't t 4 /O / H No:20-169A, Park Road NANE^AL-SIS 501, KurnoollDttV^^^’ .'/V Cefl:9392221053. 08514-244917 ' ^ \ 2 Toyota Etios GD (M) BSIV car bearing Registration number AP 21 BL 6179 in connection with Cr. No. 191/2024 on dated 02-08-2024 for the offence punishable under Section 34 (a) of the Andhra Pradesh Excise Act. I submit that as my car was seized by the police authorities in connection with offences under excise Act, I made an application through my advocate before the respondent no.5 in the writ petition i.e., The Deputy Commissioner & Confiscation Authority, Prohibition and Excise, Kurnool, Kurnool District seeking for interim release of vehicle of the Petitioner viz Toyota Etios GD (M) BSIV car bearing Registration number AP 21 BL 6179 as the same is kept idle and is being exposed to sub, rain and mist. 3. 4. I submit that respondent no.5 in writ petition conducted enquiry on my application for interim custody and during the course of enquiry the Respondent no.6 in writ petition produced Valuation certificate of the car seized which was issued by the Assistant Motor Vehicle Inspector (AMVI), Nandyal, whereby the value of the Motor Vehicle/Car of the petitioner was assessed at Rs. 3,10,000/- (in words Rupees Three Lakhs Ten thousand Rupees Only). 5. I submit that respondent no,5 in Writ Petition vide Proceedings in Rc.No.B/04/2025 dated 27-01-2025 ordered for the interim release of the seized vehicle/car of the petitioner on certain terms and conditions on considering the fact that the seized vehicle is in custody since the date of seizure. I submit that one of the terms and conditions imposed by the respondent no.5 in Writ Petition is that to furnish a Fixed Deposit Receipt (FDR) amounting to Rs. 3,10,000/- in favour of the Deputy Commissioner of Prohibition and Excise, Kurnool as security towards the assessed value of the vehicle within a period of 10 days. I submit that said condition being very onerous and arbitrary, I filed Writ Petition before the Hon’ble High court of Andhra Pradesh at Amaravathi seeking to declare the action of Respondents especially respondent no.5 in imposing the A condition on the petitef^ “Se^ Notary Public H.No:20-169A, Park Road /^// NANDYAL^518 601, KurnooKDt^'V^W / b^furnish a Fixed Deposit Receipt M. 3 (FDR) amounting to Rs. 3,10,000/- in favour of the Deputy Commissioner of Prohibition and Excise, Kurnool as security towards the assessed value of the vehicle to release the vehicle of the Petitioner viz Toyota Etios GD (M) BSIV car bearing Registration number AP 21 BL 6179 seized in connection with the Cr. No. 191/2024 on the file of the 6*^^ Respondent Police Rc.No.B/04/2025 dated 27-01-2025 instead of accepting collateral immovable security of equivalent value as being illegal, arbitrary and of excessive authority and contrary to the Andhra Pradesh Excise Act and there under and contrary to the judgements of this Hon’ble Station vide or exercise rules Court and consequently set aside proceedings issued by the respondent no.5 vide Rc.No.B/04/2025 dated 27-01-2025 to the extent of imposing onerous condition and direct the respondents to release the Petitioner’s vehicle viz Toyota Etios GD (M) BSIV car bearing Registration number AP 21 BL 6179 seized in connection with the Cr. No.191/2024 on dated 02-08-2024 to petitioner furnishing collateral or immovable security forthwith and Pass such other order or further orders as this Hon’ble Court upon may deem fit and proper in the circumstance of the case and towards securing the ends of Justice. 6. I humbly submit that when the matter has come up for hearing before the Hon’ble Court, the Hon’ble Court was pleased to direct me to file an Undertaking Affidavit on Rs.lOO/- Non-Judicial Stamps, before the Hon’ble Court of Andhra Pradesh at Amaravati, for release of my vehicle viz Toyota Etios GD (M) BSIV car bearing Registration number AP 21 BL 6179. 5. 1 most respectfully state and submit that I shall abide by all the conditions that are imposed by the Hon’ble Court for the interim release of the vehicle me and I shall cause produce the vehicle for or during any enquiry or for before any Court of Law or before any adjudicating authority if required and i abide by the final orders passed by the competent Court or any Authority and Liiideilake to Indemnity the reapnnd<*nts and authuritiee to the extent ot the or representation directly or to shall ^ breach ot^nSec^ um Public tu/owf r ® » Recidv') M. 4 indirectly, arising out of or related to the above vehicle in the above crime or for any breach or violation of any order or any condition imposed by the Hon’ble Court or any covenant or other obligation or duty of the petitioner under applicable law. 6. I humbly pray, that the Hon’ble Court may be pleased to receive this Notarized Affidavit on Rs.100/- Non-Judicial Stamp and record my undertaking and the indemnity and direct the respondents to release my motor Toyota Etios GD (M) BSIV car bearing Registration number AP 21 BL 6179 which was seized in connection with Cr. No. 191/2024 on dated 02-08-2024 by the Station House Officer, Nandyal III town Police station, forthwith in the interest ofjustice and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. car VIZ. VIZ Solemnly affirmed and signed in my presence On this \u"^ day of February, 2025 DEPONENI BEFORE ME M. SIVA SANKARA Notary Public H.No;20.169A Parle , NANDYAL-518 501 Cell:9392221053, y \u ^ ATTESTOR 08S14,244§1J Entered iin the Doc's Re<, |. 8. Nn,. KURNOOL :: DISTRICT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI W.P. NO. 3750 OF 2025 •*- «/> I 0 FEB 2025 ★ ★ .S^CEiveo^ MEMO FILED ON BEHALF OF PETITIONER 5>o 5 3- C O 55 Q. CD Q> O. •< <o CD 3 CD O' 3 ro X f s 0 I ^o FILED ON: 20.02.2025 to o FILED BY: N3 M/s. V. NITESH (8491) SK OMER QAIYUM GUTTALA B SUBRAHMANYAM AYESHAAZMAS CHILUKURI KARTHIK COUNSEL FOR I HE HE IITIONERS Ph. No. 884848/687 0) 00 T3 Or § CO /O•o. & V*"? ( 71\ FEB ® .-ac ■k V ■*■