IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5964 OF 2025 Between: Doddapaneni Veera Gangadhar, S/o. Mohandas D.No. 32-147/1A, Sri Balaji Bharath Filling Station, Nandigama Town, NTR District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Home Department, Secretariat, Velagapudi, Amaravathi. 2. The Commissioner of Special Enforcement Bureau, (Appellate Authority) APIIC Building, Mangalagiri, Andhra Pradesh. 3. The Commissioner of Police, NTR Police Commissionerate, Vijayawada, NTR District, Andhra Pradesh. 4. The Station House Officer, Tiruvuru Police Station, Tiruvuru, NTR District, Andhra Pradesh. ...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 writ order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondent 2 is illegal in not realizing the vehicle bearing number AP 16 BV 9995 which is arbitrary and illegal and violation of principles of natural justice and consequently direct the respondent to relies the vehicle and direct to pay the vehicle damaged amount from the natural condition and it may cost -nearly Rs. 50,000/-. 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 petition, the High Court may be pleased to direct the respondent to relies the vehicle and direct to pay the vehicle damaged amount from the natural condition and it may cost nearly Rs. 50,000/-. Counsel for the Petitioner: SRI B. V. S. CHALAPATI RAO Counsel for the Respondent Nos.1,3 & 4 : GP FOR HOME Counsel for the Respondent No.2 : GP FOR PROHIBITION & EXCISE The Court made the following: ORDER , APHC010091962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0iv:^ [3329] TUESDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5964/2025 Between: ...PETITIONER Doddapaneni Veera Gangadhar AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.B VS CHALAPATI RAO Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR PROHIBITION EXCISE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5964/2025 ORDER: Heard the learned Counsel for the petitioner, learned Government Pleader for Excise and learned Government Pleader for Home. 2. The case of the petitioner is that the 4**" respondent seized the vehicle bearing No. AP16BV9995 on the ground that the petitioner is carrying illicit liquor of 650 ml x 12 budwiser beer (7.8 Ltrs) v\/orth Rs.2520/- unauthorizedly. The 4^^ respondent registered a crime i.e., Cr.No.159 of 2024 against the petitioner for the offence under Section 34(A) of the Excise Act and the same was numbered as C.C.No.607 of 2024 on the file of the Additional Judicial First Class Magistrate, Tiruvuru. The trial Court passed an acquittal order dated 26.09.2024 in C.C.No.607 of 2024. Later, the petitioner approached respondent Nos.2 to 4 and requested for release of the vehicle. But the respondents did not release the petitioner’s vehicle. 3. The petitioner has filed the present Writ Petition seeking release of the said Vehicle. He would submit that the trial court passed an acquittal order in the crime case i.e. registered against the petitioner on the file of the Additional Judicial First Class Magistrate, Tiruvuru. C.C.No.607 of 2024 3 4. In view of the above submissions and on perusal of the material placed on record, it is observed that on perusal of the trial court order dated 26.09.2024 in C.C.No.607 of 2024, wherein the petitioner/accused acquitted from the offence, / the imposition of onerous conditions for release of Vehicle i to the judgment of the trial Court. IS unwarranted and contrary 5. Hence, for the reasons stated above, the Writ Petition is allowed setting aside the order of confiscation dated 2 respondent and further directing the respondent 10.09.2024 of the Nos.2 to 4 to release the vehicle bearing No.AP16BV9995 in favour of the petitioner with immediate effect. No order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. SD/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// To 1. The Principal Secretary Home Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi. The Commissioner of Special Enforcement Bureau, (Appellate Authority) APIIC Building, Mangalagiri, Andhra Pradesh. The Commissioner of Police, NTR Police Commissionerate, Vijayawada, NTR District, Andhra Pradesh. The Station House Officer, Tiruvuru Police Station, Tiruvuru, NTR District, Andhra Pradesh. One CC to Sri B. V. S. Chalapati Rao, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Prohibition & Excise, High Court of Andhra Pradesh. [OUT] Three C.D. Copies. 2. 3. 4. 5. 6. 7. 8. Cnr HIGH COURT DATED:11/03/2025 ORDER p 2 1 MAR 2025 | . Current Section WP.No.5964 of 2025 ALLOWING THE W.P. WITHOUT COSTS