Andhra Pradesh High Court - Amravati
Pathan Ahmad, vs The State Of Andhra Pradesh, on 8 December, 2020
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
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HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.23227 of 2020
Order:
Aggrieved by the condition imposed by the
Superintendent of Police, Kurnool, in his Notice dated
30-9-2020, to furnish Fixed Deposit Receipt for the value of
the vehicle as certified by the Motor Vehicle Inspector for the
vehicle that was seized in connection with Crime
No.494/2020 of Dachepalli Police Station, SEB, Guntur Rural
District, to release the seized vehicle, this writ petition under
Article 226 of the Constitution of India is filed by the
petitioner.
2. Heard learned counsel for the petitioner and learned
Government Pleader for Home appearing for the respondents.
3. A case in Crime No.494/2020 was registered by
Dachepalli Police, SEB, Guntur Rural District, for the offences
punishable under Section 188 of IPC and under Sections
34(i)(1) and 50B(a) of the A.P. Excise Act. Incidentally, police
have seized Lorry bearing Registration No.AP27W-2069 in
connection with the said crime. The petitioner, though not
an accused in the said crime, who is claiming to be the owner
of the lorry, filed a petition before the Superintendent of
Police, Guntur Rural, seeking interim custody of the said
vehicle. The said petition was allowed on condition that the
petitioner shall furnish a Fixed Deposit Receipt for the value
of the seized vehicle for release of the vehicle.
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4. Aggrieved by the said condition, the present writ
petition is filed seeking modification of the same.
5. At the time of hearing of this writ petition, both the
learned counsel for the petitioner and the learned
Government Pleader for Home would submit that this is
a covered matter and when similar condition was imposed for
release of the vehicles and the same was questioned before
this Court in W.P.No.14783 of 2020, this Court allowed the
said writ petitions on 08-9-2020, and modified the condition
permitting the petitioners therein to furnish immovable
property as security for release of the vehicles. Therefore,
they would submit that the petitioner herein is also entitled to
the similar order.
6. Therefore, in view of the aforesaid order of this Court
in W.P.No.14783 of 2020, dated 08-9-2020, this writ petition
is allowed. The above condition is accordingly modified and
the petitioner herein is directed to furnish his or third party
immovable property worth the value of the vehicle that was
seized, as security for release of the said vehicle. The said
security relating to the immovable property shall be in
conformity with the Stamps and Registration Act. Pending
applications, if any, shall stand closed. No costs.
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CHEEKATI MANAVENDRANATH ROY, J.
08th December, 2020. Ak 3 HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Writ Petition No.23227 of 2020 08th December, 2020.
(Ak)