1 APHC010106222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5693/2025 Between: Sathish P ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:5693/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an appropriate order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not releasing the vehicle bearing No.TN 18 BP 5933 namely Maruti Suzuki Brezza ZXI-(2023 Model) of the petitioner in connection with FIR No.56 of 2024 of Sri City Police Station, Tirupati District as illegal, irregular and without authority and against the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said vehicle of the petitioner forthwith in the interest of justice and pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. The petitioner herein is the Owner of Vehicle bearing No.TN 18 BP 5933 namely Maruti Suzuki Brezza ZXI-(2023 Model). The said vehicle was involved in the incident of bootlegging and an F.I.R has been registered on 22.04.2024 bearing F.I.R.No.56 of 2024 in Sri City Police Station, Tirupati District. Consequently, the Vehicle was also seized which is carrying only 2 bottles of Signature Rare Whisky 750 ML, total liquor quantity about 1.5L worth Rs.1050/- unauthorizedly. The Motor Vehicle Inspector has valued the 3 Vehicle at Rs.9,00,000/- (Nine Lakhs Rupees), which is the current market value. 4. The petitioner has filed the present writ petition seeking release of the said Vehicle. He would submit that petitioner 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 undertaking to indemnify the cost of the Vehicle as fixed by the Motor Vehicle Inspector on account of any adverse order passed against the petitioner in the future. In compliance with the same, the petitioner has filed an affidavit on 27.02.2025. The same is taken on record. 5. 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 trial 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. 6. 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 2 bottles of Signature Rare Whisky 750 ML, total liquor quantity about 1.5L worth 4 Rs.1050/- unauthorizedly. 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 bootlegging of minor nature. 7. With the above directions, this Writ Petition is disposed of. Registry is directed to retain the personal Affidavit filed by the petitioner dated 27.02.2025. Registry is further directed to attach a copy of the Affidavit filed by the petitioner dated 27.02.2025 along with the copy of this Order. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 10.03.2025 BSP 5 93 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.5693 of 2025 10.03.2025 BSP