WP/25584/2020 of Ettamoni Narendar, Vs The State of Andhra Pradesh, on 31 December 2020

Arguments

ORDER:

This petition is filed under Article 226 of the Constitution of India, claiming the following relief:

“Writ of Mandamus declaring the action of the Respondents No 2 in passing impugned orders dated 27112020 in C No 387/Vehicle Release/C5/SEB passed by the Respondent No 2 by imposing the onerous conditions of furnishing a Fixed Deposit Receipt for 8 00 000/ towards the value of the vehicle for the purpose of releasing the KIA Car bearing Temporary Registration No TS 08 BXT/R9692 which was seized by the Respondent No 3 in Crime No 387/2020 as illegal arbitrary violation of Principles of Natural Justice violation of Articles 14 191g and 21 of the Constitution of India Section46E of the A P Excise Act and consequently direct the Respondent Nos 2 and 3 to release the vehicle forthwith and pass such other order.”

Heard learned counsel for the petitioner and the earned Government Pleader for Home.

Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle/KIA Car bearing No.TS 08 BXT/R9692, the said vehicle was seized by 2[nd]respondent/Superintendent of Police, West Godavari District, Eluru on the allegation that he is transporting alcohol illegally.

the

The 2[nd] respondent/Superintendent of Police, West Godavari District, Eluru issued the impugned proceedings C.No.387/Vehicle Release/C5/SEB dated 27.11.2020, for release of the vehicle. The petitioner is not disputing Condition Nos. 2 to 4, but challenging Condition No.1 of the impugned notice, which reads as follows:

Fixed Deposit Receipt for the Valuation of upset price assessed by the Motor Vehicle Inspector in favour of the Superintendent of Police, West Godavari District, Eluru with validity period of (5) years.”

The learned counsel for the petitioner and the learned Government Pleader for Home further submits that the issue involved in the present writ petition is squarely covered by the orders of this Court in W.P.No.14783 of 2020 dated 08.09.2020, wherein this Court directed the respondents to get the vehicle valued by Motor Vehicle Inspector, concerned in the presence of the petitioner after serving a notice to the petitioner and on fixing value of the vehicle by the Motor Vehicle Inspector, the petitioner is directed to furnish immovable property security by executing a bond in favour of the third respondent, strictly adhering to the Stamp and Registration laws, as per the value fixed by the Motor Vehicle Inspector and on production of such immovable property as security, the Superintendent of Police, is directed to release the vehicle as interim custody.

In view of the submission made by both the counsel, writ petition is allowed, directing the second respondent /Superintendent of Police, West Godavari district, Eluru, to get the vehicle valued by Motor Vehicle Inspector concerned in the presence of the petitioner after serving a notice to the petitioner and on fixing value of the vehicle by the Motor Vehicle Inspector, the petitioner is directed to furnish immovable property security by executing a bond in favour of the second respondent, strictly adhering to the Stamp and Registration laws, as per the value fixed by the Motor Vehicle Inspector and on production of such immovable property as security, the second respondent/Superintendent of Police, is directed to release the vehicle as interim custody.

With these observations, the writ petition is disposed of accordingly. No costs.

Consequently, miscellaneous petitions pending, if any, shall also stand closed.

Date: 31.12.2020

IS

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JUSTICE M. SATYANARAYANA MURTHY

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.25584 OF 2020

Date: 31.12.2020.

IS